Surrender Land definition
Examples of Surrender Land in a sentence
Except to the extent permitted by this clause 8, Toll Rail must not apply for any other designation that may affect the Network Designations, the Rail Network, or the Surrender Land without obtaining the prior written consent of the Access Provider, such consent not to be unreasonably withheld.
The Crown will appoint Tranz Rail to operate and maintain the Rail Network, Network Assets and Surrender Land on the Crown’s behalf.
In particular, the Crown only received a number of changes to those maps and plans proposed by Toll Rail on 29 June 2004 and has not had an opportunity to verify those changes (including, to verify that they only identify the footprint of the Tranz Scenic Station station buildings not used by Toll Rail for rail passenger services on the date of this Agreement as Retained Land, and not surrounding land; and identify the land under passenger platforms as Surrender Land).
This is principally because of the large amount of Surrender Land and Retained Land, incomplete records of Toll Rail’s existing land use, and the difficulty of knowing with certainty what Toll Rail’s future requirements for land for Rail Purposes will be.
Tranz Rail and the Crown will agree to partially surrender and vary the Core Lease in respect of the Surrender Land, on the terms referred to in Schedule 5, together with any of the Released Land identified under Schedule 3 that is Retained Land.
This Agreement will require the parties, following Completion, to negotiate in good faith to agree a further variation of the Core Lease in order to ensure that the lease reflects, and contains terms reasonably appropriate to, the remaining land leased to Tranz Rail under it after completion of the surrender of the Surrender Land.
If Toll Rail has issued to any territorial authority a notice of requirement for “rail purposes” or in respect of the Rail Network or the Surrender Land and for which a designation has yet to be included in a District Plan then, on behalf of the Access Provider, Toll Rail must use its Best Endeavours (at the Access Provider’s reasonable cost) to promptly complete the process in the Act so that the requirements are included as designations in the Access Provider’s name in the relevant District Plan .
The Access Provider may not as the owner or occupier of the Rail Network, without the prior written consent of Toll Rail (such consent not to be unreasonably withheld or delayed), grant its consent under the Resource Management Act 1991 to any person seeking to use land immediately adjacent to the Surrender Land unless the proposed use would not have or is not likely to have a material adverse impact on the rights of Toll Rail under this Agreement (including Toll Rail’s provision of its Services).
D The Parties have therefore agreed to the surrender of the Surrender Land and to vary the terms of the Original Lease as set out in this Memorandum.
Nor shall the Surrender amount to a parting of possession or occupation of the Surrender Land for the purposes of Clause 3.3.2.