Common use of Abandonment of Easements Clause in Contracts

Abandonment of Easements. Subject to receipt of the prior written approval of the New York City Department of Buildings and/or the New York City Department of Business Services, if required, the owner of a Parcel benefitting from an Easement or Non-Exclusive Right under this Declaration may from time to time, upon not less than thirty days' notice to the owner of the Easement Area, release its Easement or Non-Exclusive Right with respect thereto. Any such notice shall (x) specify the effective date of such Release and (y) be accompanied by evidence reasonably satisfactory to the owner of the Easement Area that such abandonment has been approved by the New York City Department of Buildings and, to the extent necessary, the New York City Department of Business Services. The Party benefitting from the Easement Area shall take such measures as shall be required to effectuate the Release. Such measures shall include the following: (i) in the case of any Easement or Non-Exclusive Right for domestic water, to the extent necessary, the cutting, capping, removal or disabling of any pipes, pumps, mains and other devices; (ii) in the case of any Easement or Non-Exclusive Right for fire protection water, the cutting, capping, removal or disabling of any pipes, pumps or mains; (iii) in the case of any Easement for access, the erection of such wall, gate or other barrier required to prevent any person, party or vehicle from gaining access to the Easement Area from the benefitted Parcel; and (iv) in the case of sewer lines, the cutting and/or capping of any pipes used to discharge sewage and drainage water and the disabling or removal of any pipes, manholes, mains and other devices. Whenever an Easement or Non-Exclusive Right is released 7 237 in accordance with the terms of this Section 3.02, (A) the owner of the Parcel formerly burdened by such Easement Area shall execute and deliver to the Releasee such documents in recordable form as shall be reasonably required to evidence the Release, (B) the Releasor shall have no further obligation or liability to the owner of the affected Easement Area; and (C) the Releasee shall have no further obligation or liability to the Releasor with respect to such Easement or Non-Exclusive Right.

Abandonment of Easements. Subject to receipt of the prior written approval of the New York City Department of Buildings and/or the New York City Department of Business Services, if required, the owner of a Parcel benefitting from an Easement or Non-Exclusive Right under this Declaration may from time to time, upon not less than thirty days' notice to the owner of the Easement Area, release its Easement or Non-Exclusive Right with respect thereto. Any such notice shall (x) specify the effective date of such Release and (y) be accompanied by evidence reasonably satisfactory to the owner of the Easement Area that such abandonment has been approved by the New York City Department of Buildings and, to the extent necessary, the New York City Department of Business Services. The Party benefitting from the Easement Area shall take such measures as shall be required to effectuate the Release. Such measures shall include the following: (i) in the case of any Easement or Non-Exclusive Right for domestic water, to the extent necessary, the cutting, capping, removal or disabling of any pipes, pumps, mains and other devices; (ii) in the case of any Easement or Non-Exclusive Right for fire protection water, the cutting, capping, removal or disabling of any pipes, pumps or mains; (iii) in the case of any Easement for access, the erection of such wall, gate or other barrier required to prevent any person, party or vehicle from gaining access to the Easement Area from the benefitted Parcel; and (iv) in the case of sewer lines, the cutting and/or capping of any pipes used to discharge sewage and drainage water and the disabling or removal of any pipes, manholes, mains and other devices. Whenever an Easement or Non-Exclusive Right is released 7 237 in accordance with the terms of this Section 3.02, (A) the owner of the Parcel formerly burdened by such Easement Area shall execute and deliver to the Releasee such documents in recordable form as shall be reasonably required to evidence the Release, (B) the Releasor shall have no further obligation or liability to the owner of the affected Easement Area; and (C) the Releasee shall have no further obligation or liability to the Releasor with respect to such Easement or Non-Exclusive Right.. 5 263