Common use of Granting of Easements, etc Clause in Contracts

Granting of Easements, etc. If no Event of Default has occurred and is continuing, Lessee may from time to time in writing request Lessor to join with Lessee (at Lessee's cost and expense), to (i) grant easements, licenses, rights of way and other rights and privileges in the nature of easements for the purposes of providing utilities and the like to the Leased Property, (ii) release existing easements and appurtenances relating to the provision of utilities and the like to the Leased Property and (iii) execute and deliver any instrument, in form and substance reasonably acceptable to Lessor, necessary or appropriate to make or confirm such grants or releases to any Person, without consideration and Lessor shall join in the same (at Lessees's sole cost and expense); provided that an authorized representative of Lessee shall have certified to Lessor and Lessor's Mortgagee that such grant or release does not materially interfere with and is not materially detrimental to the conduct of business on the Leased Property and does not adversely affect the utility, useful life or fair market value of the Leased Property. Notwithstanding the foregoing, Lessor and/or Lessor's Mortgagee may condition its consent to such action on being provided evidence satisfactory to each in its sole discretion that such action presents no material risk of liability, expense or adverse tax consequences to Lessor or Lessor's Mortgagee or the holder of any CMBS or any Certificate Holder. Lessee shall pay as Additional Rent to Lessor on demand all reasonable costs and expenses of Lessor and Lessor's Mortgagee (including attorneys' fees) in reviewing or executing any instrument pursuant to this Article 21.

Granting of Easements, etc. If no Event of Default has occurred and is -------------------------- continuing, Lessee may from time to time in writing request Lessor to join with Lessee (at Lessee's cost and expense), to (i) grant easements, licenses, rights of way and other rights and privileges in the nature of easements for the purposes of providing utilities and the like to the Leased Property, (ii) release existing easements and appurtenances relating to the provision of utilities and the like to the Leased Property and (iii) execute and deliver any instrument, in form and substance reasonably acceptable to Lessor, necessary or appropriate to make or confirm such grants or releases to any Person, with or without consideration and Lessor shall join in the same (at Lessees's sole cost and expense)consideration; provided that an authorized representative Executive Officer of Lessee shall have certified to Lessor and Lessor's Mortgagee that such grant or release does not materially interfere with and is not materially detrimental to the conduct of business on the Leased Property and does not adversely affect impair the utility, useful life usefulness or fair market value of the Leased Property, and was made for no or only nominal consideration. Notwithstanding the foregoing, Lessor and/or Lessor's Mortgagee may condition its consent to such action on being provided evidence satisfactory to each in its sole discretion that such action presents no material risk of liability, expense or adverse tax consequences to Lessor or Lessor, Lessor's Mortgagee or the holder of any CMBS or any Certificate HolderCMBS. Lessee shall pay as Additional Rent to Lessor on demand all reasonable costs and expenses of Lessor and Lessor's Mortgagee (including attorneys' fees) in reviewing or executing any instrument pursuant to this Article 21.