Excess Land. (a) Landlord acknowledges that the Excess Land is not necessary for Tenant's current and contemplated use of the Leased Premises. Landlord shall, upon not less than thirty (30) days prior written notice to Landlord and Lender, convey the Excess Land to or as directed by Tenant for no consideration (other than having entered into this Lease with Tenant); provided, that no Event of Default under this Lease or under the documents evidencing and securing the Loan exists and the following conditions are satisfied: (i) the Leased Premises shall have been subdivided in compliance with all applicable subdivision laws, Legal Requirements and Easement Agreements so that the Excess Land and the remainder of the Leased Premises (the "Retained Premises") are separate tracts, (ii) after such sale both the Excess Land and the Retained Premises shall comply with all applicable Laws, Legal Requirements and Easement Agreements, (iii) the release of the Excess Land does not materially impact the functional use, legal use or viability of the Retained Premises, (iv) Tenant shall have complied with all requirements of Lender set forth in the Mortgage with respect to the release of the Excess Land, and (v) all Costs of Landlord, Lender and Tenant in connection with the conveyance of the Excess Land and in complying with the above conditions, including reasonable attorneys' fees,
Excess Land. Landlord and Tenant acknowledge and agree that Landlord is acquiring more property than is necessary for the development and construction of the Building, and that development and construction of a second building on the easterly portion of the property, and site improvements related solely thereto, will be subject to the terms and conditions set forth in Section 14.13
Excess Land. Landlord and Tenant acknowledge and agree that Landlord is acquiring more land than is necessary for the development and construction of the Building covered by this Lease. The excess land consists of approximately 136,561 square feet and is outlined in yellow on attached EXHIBIT A (Excess Land). Landlord and Tenant agree, as follows, with respect to the Excess Land:
Excess Land. Key No. 14-02-28-500-002.004-005 Form: WD-1 A part of Lot thirty-three (33) in Xxxxx’x First Addition to the Town of Hazleton, described as follows: Beginning at the southeast corner of said lot, and thence running north sixty (60) feet; thence west one hundred ninety-eight (198) feet; thence south sixty (60)feet; thence east one hundred ninety-eight (198) feet to the place of beginning. (The preceding quoted from existing record documents and the following bearings and distances are based upon the Location Control Route Survey recorded as Instrument # 20000003728 in the Office of the Recorder of Xxxxxx County.) excepting therefrom: Beginning at the southeast corner of said Lot; thence North 83 degrees 28 minutes 30 seconds West, a distance of 198.03 feet (198’ record) to the southwest corner of said Lot; thence along the west side of said Lot, North 06 degrees 22 minutes 34 seconds East, a distance of 8.56 feet to the intersection with the line formed between the points designated “2” and “5” on the attached Right of Way Parcel Plat marked Exhibit “B”; thence South 83 degrees 36 minutes 44 seconds East, a distance of 118.64 feet to the point designated “5” on said Plat; thence North 56 degrees 06 minutes 18 seconds East, a distance of 71.25 feet to the point designated “6” on said Plat; thence along the line formed between the points designated “6” and “7” on said Plat, North 22 degrees 31 minutes 51 seconds East, a distance of 5.31 feet to the north line of the land described in Instrument #200300011236; thence along said north line, South 83 degrees 28 minutes 30 seconds East, a distance of 23.55 feet to the northeast corner of said land; thence South 06 degrees 22 minutes 34 seconds West, a distance of 60.15 feet (60’ record) to the POINT OF BEGINNING; said described exception containing 0.098 Acres (4271 Square Feet), more or less; Containing in all 0.175 Acres (7641 Square Feet), more or less, after said exception. [This description is subject to any and all easements, rights of way, covenants, or restrictions; recorded or observable.] This description was prepared from information obtained from the Recorder’s Office and other sources which were not necessarily checked by a field survey. This description was prepared for the Indiana Department of Transportation by Xxxxxxx Xxxx Croix Xxxxxx, Indiana RLS # 20400026 this 18th day of October, 2012. Xxxxxxx Xxxx Croix Xxxxxx, 10/18/2012 PARCEL DATA & COORDINATE CHART (shown in US Feet) Point Alignment Sta...
Excess Land. If, at any time following the Closing, the any portion of that parcel of land included in the Property referred to as Store No. 809 located at 4601 N. A St., Midland, Texas ("809 Premises") is released from the xxxx xx xxx Xxxxxxxx xx xxxxx of Lender, as permitted by the Loan Documents, then this Lease shall automatically terminate as to the portion of the 809 Premises released from such Mortgage, but not as to the remaining portion of the 809 Premises, without any reduction in the Base Annual Rental, Base Monthly Rental, any Additional Rental or any other amount owing by Lessee under this Lease or any other obligation of Lessee under this Lease.
Excess Land. 40 39. Miscellaneous..........................................................40 EXHIBITS Exhibit "A" - Premises Exhibit "B" - Machinery and Equipment Exhibit "C" - Permitted Encumbrances Exhibit "D" - Basic Rent Payments Exhibit "E" - Acquisition Cost Exhibit "F" - Percentage Allocation of Basic Rent Exhibit "G" - Guarantors Exhibit "H" - Tenant Post-Closing Environmental Obligations Exhibit "I" - Post-Closing Repair Obligations LEASE AGREEMENT, made as of this 18th day of November, 1999, between DELAWARE FRAME (TX), LP, a Delaware limited partnership ("LANDLORD"), with an address c/o W.P. Xxxxx & Co., Inc., 00 Xxxxxxxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, and ATRIUM COMPANIES, a Delaware corporation ("Tenant"), with an address at 0000 Xxxx Xxxxxxxxxxx Xxxx, Xxxxx 0000 Xxxx, Xxxxxx, Xxxxx 00000. In consideration of the rents and provisions herein stipulated to be paid and performed, Landlord and Tenant hereby covenant and agree as follows:
Excess Land. (a) Landlord and Tenant acknowledge and agree that Landlord, or an affiliate of Landlord (the “Excess Land Owner”) is the owner of the Excess Land, and, except for the revocable license provided in paragraph 2(e), Tenant disclaims any right, title or interest in the Excess Land. Lxxxxxxx has advised Tenant that Excess Land Owner may, in its sole and absolute discretion, develop any or all of such Excess Land in any manner and for any reason whatsoever.
Excess Land. If AUTHORITY desires to acquire any STATE Right-of-Way which is no longer required for STATE purpose, STATE agrees to convey to AUTHORITY said excess land at fair market value in accordance with section 118 of the Streets and Highway Code, subject to the prior approval by the California Transportation Commission.
Excess Land. DOC acknowledges that the Property includes certain parcels of excess vacant land located adjacent to the parcel on which the Hospital and MOB are situated, as more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the “Excess Land”). In connection with DOC’s purchase of the Property, DOC shall cause and direct Seller to convey the Excess Land directly to FREP El Paso, LLC, a Texas limited liability company (“FREP”), on the terms and conditions set forth in this Section 4. FSHA shall be responsible for all costs, fees and expenses that may be incurred by DOC in connection with the conveyance of the Excess Land, including, but not limited to, title insurance premiums, transfer fees and taxes, and recording fees. Such costs, fees and expenses shall be paid by DOC as part of the Transaction Costs.
Excess Land. Designate as Excess Land any parcel which (a) is a part of the footprint of any existing hotel, casino or resort property (including related parking structures and/or support facilities) or (b) with respect to such parcel, the development of condominium developments, retail shopping pads or any similar development on such Excess Land will materially and adversely affect any of the Borrowers’ hotel, casino or resort properties with respect to ingress and egress, delivery or maintenance access, property marquis sign visability, or otherwise materially and negatively impact the level of Adjusted EBITDA generated by the existing development of the adjoining property of the Borrowers.
