Utility easement means a right held by a facility operator to install, maintain, and access an underground facility or pipeline.
Easement Agreement means any conditions, covenants and restrictions, easements, declarations, licenses and other agreements which are Permitted Encumbrances and such other agreements as may be granted in accordance with Section 19.1.
Conservation easement means that term as defined in section 2140 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2140.
Easement Area means the area of the servient lot marked on the survey-strata plan as being subject to the relevant easement; and
Easement means an acquired legal right for the specific use of land owned by others.
Assignment of Lease means the Assignment of Lease to be executed by the Seller and the Purchaser at the Closing with respect to each parcel of Leased Real Property listed on Section 3.14(b) of the Disclosure Schedule, substantially in the form of Exhibit 1.01(b).
Lease Agreement means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.
Memorandum of Lease has the meaning set forth in Section 5.01(c)(iii).
Concession Agreement means the Concession Agreement referred to in Recital (A) above and annexed hereto as Annex-A, and shall include all of its Recitals and Schedules and any amendments made thereto in accordance with the provisions contained in this behalf therein;
Use Agreement means a written agreement between a primary licensee and a Type S applicant or licensee that specifies the designated area of the Type S licensee, the days and hours in which the Type S licensee is assigned to use the common-use area, any allocation of responsibility for compliance pursuant to Section 40196, and an acknowledgement that the Type S licensee has sole and exclusive use of the common- use area during the Type S licensee’s assigned time period.
Interconnection Agreement means the interconnection agreement entered into by Seller pursuant to which the Facility will be interconnected with the Transmission System, and pursuant to which Seller’s Interconnection Facilities and any other Interconnection Facilities will be constructed, operated and maintained during the Contract Term.
Sublease Agreement shall have the meaning specified in Section 8.2(b).
Sub-Lease means the sub-lease entered into following the approval of an Approved Sub-lease;
Condominium Declaration means the Declaration of Condominium for NetApp RTP Phase I Condominium recorded in Book 012647, Page 01310, Wake County, North Carolina Registry.
Construction Service Agreement means either an Interconnection Construction Service Agreement or an Upgrade Construction Service Agreement.
Basement means any area of the building having its floor subgrade (below ground level) on all sides.
Parcel 2 COMMON AREA APPURTENANT TO EACH COMMERCIAL UNIT APPURTENANT TO EACH COMMERCIAL UNIT, AN UNDIVIDED 1/185th FEE SIMPLE INTEREST IN AND TO THE PHASE ONE PROPERTY LESS AND EXCEPT THE UNITS SHOWN ON THE PHASE ONE PLAN, ALSO DESCRIBED AS THE PORTION OF THE “COMMON AREA” (AS THAT TERM IS DEFINED IN THE DECLARATION) LOCATED WITHIN THE PHASE ONE PROPERTY; TOGETHER WITH PARCEL 3: NONEXCLUSIVE EASEMENTS NONEXCLUSIVE EASEMENTS ON, OVER, ACROSS AND THROUGH THE COMMON AREA FOR ACCESS, INGRESS, EGRESS, ENJOYMENT, DRAINAGE, ENCROACHMENT, SUPPORT, MAINTENANCE, INSPECTION, REPAIR AND FOR OTHER PURPOSES, AS MAY BE SHOWN ON THE PHASE ONE PLAN, AND AS DESCRIBED IN THE DECLARATION PARCEL D (COMPRISING XXXXXX 0, XXXXXX 0, XXXXXX 3, AND PARCEL 4 BELOW) PARCEL 1; COMMERCIAL UNIT C4, AS SHOWN AND DESCRIBED IN (A) THE CONDOMINIUM PLAN RECORDED ON SEPTEMBER 20, 2001 IN BOOK 2 OF CONDOMINIUM PLANS AT PAGE 36, IN THE OFFICIAL RECORDS OF MONO COUNTY, CALIFORNIA (THE “OFFICIAL RECORDS), AS AMENDED BY CORRECTION TO RECORDING REFERENCES RECORDED ON NOVEMBER 20, 2001 AS DOCUMENT NO. 2001008410 IN THE OFFICIAL RECORDS AND AMENDMENT TO CONDOMINIUM PLAN RECORDED IN BOOK 2 PAGES 39 THROUGH 39M OF CONDOMINIUM PLANS IN THE OFFICIAL RECORDS (COLLECTIVELY, THE “PHASE ONE PLAN”) AND (B) THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE VILLAGE AT MAMMOTH PHASE I (WHITE MOUNTAIN LODGE AND LINCOLN HOUSE) RECORDED AS DOCUMENT NO. 2001006657, IN THE OFFICIAL RECORDS AS AMENDED BY FIRST AMENDMENT RECORDED AS DOCUMENT NO. 2001008411 IN THE OFFICIAL RECORDS AND SECOND AMENDMENT RECORDED AS DOCUMENT NO. 2003001363 IN THE OFFICIAL RECORDS (COLLECTIVELY, THE “DECLARATION”) SAID UNIT BEING SITUATED WITHIN THAT PORTION OF THE CONDOMINIUM AIR SPACE ENVELOPE DESCRIBED BY THE PHASE ONE PLAN (THE “PHASE ONE PROPERTY”) AND LOCATED ON A PORTION OF LOT 1 OF TRACT 36-193a, PER MAP RECORDED IN BOOK 10, OF TRACT MAPS, AT PAGE 60, IN THE OFFICIAL RECORDS OF MONO COUNTY, CALIFORNIA; TOGETHER WITH
Design-Build Agreement means the design and construction agreement between Project Co and the Design-Builder, a certified copy of which has been delivered by Project Co to the Authority, as amended, supplemented or replaced from time to time in accordance with this Agreement;
Assignment of Leases With respect to any Mortgaged Property, any assignment of leases, rents and profits or similar agreement executed by the Mortgagor, assigning to the mortgagee all of the income, rents and profits derived from the ownership, operation, leasing or disposition of all or a portion of such Mortgaged Property, in the form which was duly executed, acknowledged and delivered, as amended, modified, renewed or extended through the date hereof and from time to time hereafter.
Occupancy Agreement means a written agreement entered into between an assisted living program and a tenant that clearly describes the rights and responsibilities of the assisted living program and a tenant, and other information required by rule. “Occupancy agreement” may include a separate signed lease and signed service agreement.
Redevelopment Agreement means an agreement between the
Interconnection Construction Service Agreement means the agreement entered into by an Interconnection Customer, Interconnected Transmission Owner and the Transmission Provider pursuant to Tariff, Part VI, Subpart B and in the form set forth in Tariff, Attachment P, relating to construction of Attachment Facilities, Network Upgrades, and/or Local Upgrades and coordination of the construction and interconnection of an associated Customer Facility. A separate Interconnection Construction Service Agreement will be executed with each Transmission Owner that is responsible for construction of any Attachment Facilities, Network Upgrades, or Local Upgrades associated with interconnection of a Customer Facility. Interconnection Customer:
Mining Lease means the mining lease granted pursuant to Clause 12 and includes any renewal thereof and according to the requirements of the context shall describe the area of land demised as well as the instrument by which it is demised;
Consent Agreement means this Consent Agreement, duly signed and concluded between the Commission and the Respondent, as contemplated in section 40(1) of the Act.
Generation Interconnection Agreement means the generation interconnection agreement to be entered into separately between Seller and PGE, providing for the construction, operation, and maintenance of interconnection facilities required to accommodate deliveries of Seller's Net Output.
Ground Lease means a lease creating a leasehold estate in real property where the fee owner as the ground lessor conveys for a term or terms of years its entire interest in the land and buildings and other improvements, if any, comprising the premises demised under such lease to the ground lessee (who may, in certain circumstances, own the building and improvements on the land), subject to the reversionary interest of the ground lessor as fee owner. With respect to any Mortgage Loan where the Mortgage Loan is secured by a Ground Leasehold estate in whole or in part, and the related Mortgage does not also encumber the related lessor’s fee interest in such Mortgaged Property, based upon the terms of the Ground Lease and any estoppel or other agreement received from the ground lessor in favor of Mortgage Loan Seller, its successors and assigns (collectively, the “Ground Lease and Related Documents”), Mortgage Loan Seller represents and warrants that: