Project Right of Way Acquisition Clause Samples

The Project Right of Way Acquisition clause defines the process and responsibilities for obtaining the legal rights to use land necessary for a project. Typically, this clause outlines which party is responsible for securing easements, permits, or property interests, and may specify timelines, required documentation, and procedures for addressing obstacles or delays. Its core function is to ensure that all necessary land access is obtained in a timely and organized manner, thereby preventing project delays and clarifying each party’s obligations regarding land acquisition.
Project Right of Way Acquisition. ‌ 5.4.1 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be held or acquired, as applicable, in the name of IFA. 5.4.2 IFA has completed, or shall undertake and complete at its own cost and expense, in accordance with Section 17 and Attachment 17-1 of the Technical Provisions, the acquisition of Project Right of Way, except that (a) acquisition of Additional Properties, except those required solely due to an IFA Change, shall be solely at Developer’s expense as more particularly provided in Section 5.4.5 and (b) Developer shall be solely responsible for acquisition of rights in Project Specific Locations, as more particularly provided in Section 5.4.9. 5.4.3 If Developer identifies Additional Properties as permanently needed to construct or maintain the Project, Developer shall submit to IFA in writing a request to acquire the Additional Properties. The request shall include a drawing of the limits necessary for each parcel of Additional Property and the information required under Section 17.1 of the Technical Provisions. The request, drawing and information are subject to IFA’s approval. IFA shall undertake and complete acquisition of Additional Properties, including undertaking eminent domain proceedings, if necessary, after IFA approves Developer’s written request, drawing and information for the requested Additional Properties. 5.4.4 IFA shall not be obligated to approve a request for acquisition of any other Additional Property where, in IFA’s good faith judgment, (a) to do so would materially adversely affect political, community or public relations, or (b) successful timely completion of the acquisition is not likely. Within fourteen (14) days after receipt of a written request from Developer identifying an Additional Property for acquisition, IFA will state in writing to Developer whether IFA regards acquisition (whether by negotiation or condemnation) of the Additional Property as potentially materially adversely affecting political, community or public relations, or regards successful timely acquisition as not likely. No such statement, or lack thereof, shall preclude IFA from later changing its determination based on changed political, community or public relations events or circumstances. 5.4.5 Developer shall be responsible for all costs and expenses associated with IFA’s acquisition of Additional Properties, except those costs and expenses actually and p...
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Project Right of Way Acquisition. 10.1 Developer’s Responsibility 46 10.2 Costs 47 10.3 TxDOT’s Responsibility 47 10.4 ROW Acquisition Manager 48 10.5 Developer Acquisition 48 10.6 Saleable Improvements 48
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Project Right of Way Acquisition. 7.4.1 TxDOT has completed, or shall undertake and complete at its own cost and expense, the acquisition of Project Right of Way (except Additional Properties), in accordance with Section 7 of the Technical Provisions (including the schedule for acquisition set forth therein). 7.4.2 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Additional Properties in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. Wherever Section 7 of the Technical Provisions purports to impose obligations on Developer for acquisition of “Project Right of Way” or “Project ROW”, it shall be deemed to refer only to Additional Properties. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Additional Properties, including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Project or the Work, whether within or outside of the Project Right of Way, (d) the cost of permanent or temporary acquisition of leases, easement and other interests in real property, including for drainage, temporary work space, lay down areas, material storage areas, earthwork borrow sites, and any other convenience of Developer, (e) the cost of permitting, (f) closing costs associated with parcel purchases, in accordance with the Uniform Act and TxDOT policies, and
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Project Right of Way Acquisition. 7.4.1 TxDOT has completed, or shall undertake and complete at its own cost and expense, the acquisition of Project Right of Way (except Additional Properties), in accordance with Section 7 of the Technical Provisions (including the schedule for acquisition set forth therein). 7.4.2 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Additional Properties in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. Wherever Section 7 of the Technical Provisions purports to impose obligations on Developer for acquisition of “Project Right of Way” or “Project ROW”, it shall be deemed to refer only to Additional Properties. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Additional Properties, including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Project or the
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Project Right of Way Acquisition. 4.4.1 The Project shall be situated entirely within the Project Right of Way all of which is either owned by the Department or the Presidio Trust; provided the parties hereby acknowledge that the rehabilitation or replacement work relating to the outfall facility will take place on lands owned by the National Parks Service. If Developer identifies additional Project Right of Way or other lands or property rights as needed to construct Phase II, Developer shall be responsible for all costs incurred by the Department in the acquisition of the additional Project Right of Way or other lands or property rights, and shall bear the sole risk and cost of any time and cost impacts to the Work related to such acquisition. Developer shall sequence and schedule the Work based on the anticipated Project ROW clear dates and dates relating to completion of the acquisition of the other lands or property rights identified in the Contract Documents to avoid and minimize potential impacts to the Work. Subject to Developer’s rights to claim a Relief Event under clause (c) of the definition of Department-Caused Delays, Developer shall not be entitled to submit a claim for Extra Work Costs, Delay Costs, time extensions or other relief for impacts that could have been avoided through proper sequencing and scheduling of the Work. 4.4.2 Developer shall be solely responsible for obtaining any real property that is not Project Right of Way which Developer deems desirable for the Project, including temporary permits and leases needed for construction staging, in accordance with the Contract Documents. 4.4.3 Requests by Developer for any additional right of way, whether permanent or temporary, shall be submitted and processed in accordance with [Section of Division ].
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Project Right of Way Acquisition. Respecting the Relief Event under clause (f) of the definition of Relief Event (concerning IFA-Caused Delay) where the IFA-Caused Delay is under clause (c)(ii) of such definition (concerning a time period to make available to Developer Additional Property being acquired), Developer shall have no Claim to a Relief Event or Change Order on account of, and Developer shall have the sole risk arising out of: 15.7.2.1 The refusal of any Governmental Entity that owns or controls an Additional Property to grant necessary rights of access, entry and use to IFA after IFA makes diligent efforts to negotiate acquisition of such Additional Property; or 15.7.2.2 The holding by the court in any condemnation action for the taking of an Additional Property to the effect that (a) IFA’s power of eminent domain does not extend to such Additional Property or (b) the proposed condemnation does not satisfy legal requirements for necessity of the taking.
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Project Right of Way Acquisition. 6.1 Project Right of Way Acquisition Requirements 6.2 Right of Way Acquisition Plan and Right of Way Plans 6.3 Acquisition by Condemnation 6.4 Acquisitions by Negotiation and Conveyances to Department 6.5 Hazardous Substance Investigations and Remediation
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Project Right of Way Acquisition. Contractor shall be responsible for acquiring the Project Right of Way as specified in this Article 6.
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Related to Project Right of Way Acquisition

  • Notice to Proceed - Land Acquisition The acquisition of the Land shall not occur until the Director has issued a written Notice to Proceed for land acquisition to the Recipient (the "Notice to Proceed"). Such Notice to Proceed will not be issued until the Director has received a Request to Proceed acceptable to the Director and is assured that the Recipient has complied with all requirements for the approval of a grant under Revised Code Sections 164.20 through 164.27 and any requirements for land acquisition set forth in this Agreement, including without limitation the OPWC's approval of the proposed Deed Restrictions and Title Agent. The Notice to Proceed also shall specify the time frame for the Closing.

  • ENCROACHMENT/ACQUISITION The Assignee/Bank has no notice or knowledge of any encroachment or that the Government or any other authority has any immediate intention of acquiring the whole or any part of the Property for roads or any other improvement schemes and if such encroachment shall be found to exist or if the Government or any local authority has any such intention, the same shall not annul the sale or shall any abatement or compensation be allowed in respect thereof.

  • Title, Management and Disposition of REO Property In the event that title to any Mortgaged Property is acquired in foreclosure or by deed in lieu of foreclosure, the deed or certificate of sale shall be taken in the name of the Trustee (or MERS, as applicable), or in the event the Trustee is not authorized or permitted to hold title to real property in the state where the REO Property is located, or would be adversely affected under the “doing business” or tax laws of such state by so holding title, the deed or certificate of sale shall be taken in the name of such Person or Persons as shall be consistent with an Opinion of Counsel obtained by the Servicer (with a copy delivered to the Trustee) from any attorney duly licensed to practice law in the state where the REO Property is located. The Person or Persons holding such title other than the Trustee shall acknowledge in writing that such title is being held as nominee for the Trustee. The Servicer shall manage, conserve, protect and operate each REO Property for the Trustee solely for the purpose of its prompt disposition and sale. The Servicer, either itself or through an agent selected by the Servicer, shall manage, conserve, protect and operate the REO Property in the same manner that it manages, conserves, protects and operates other foreclosed property for its own account, and in the same manner that similar property in the same locality as the REO Property is managed. The Servicer shall attempt to sell the same (and may temporarily rent the same for a period not greater than one year, except as otherwise provided below) on such terms and conditions as the Servicer deems to be in the best interest of the Trust Fund. Notwithstanding anything to the contrary contained in this Section 3.12, in connection with a foreclosure or acceptance of a deed in lieu of foreclosure, in the event the Servicer has reasonable cause to believe that a Mortgaged Property is contaminated by hazardous or toxic substances or wastes, or if the Master Servicer or NIMS Insurer otherwise requests, an environmental inspection or review of such Mortgaged Property to be conducted by a qualified inspector shall be arranged by the Servicer. Upon completion of the inspection, the Servicer shall provide the Master Servicer and NIMS Insurer with a written report of such environmental inspection. In the event that the environmental inspection report indicates that the Mortgaged Property is contaminated by hazardous or toxic substances or wastes, the Servicer shall not proceed with foreclosure or acceptance of a deed in lieu of foreclosure. In the event that the environmental inspection report is inconclusive as to the whether or not the Mortgaged Property is contaminated by hazardous or toxic substances or wastes, the Servicer shall not, without the prior approval of both the Master Servicer and the NIMS Insurer proceed with foreclosure or acceptance of a deed in lieu of foreclosure. In such instance, the Master Servicer and/or the NIMS Insurer shall be deemed to have approved such foreclosure or acceptance of a deed in lieu of foreclosure unless either notifies the Servicer in writing, within three (3) days after its receipt of written notice of the proposed foreclosure or deed in lieu of foreclosure from the Servicer, that it disapproves of the related foreclosure or acceptance of a deed in lieu of foreclosure. The Servicer shall be reimbursed for all Servicing Advances made pursuant to this paragraph with respect to the related Mortgaged Property from the Custodial Account. In the event that the Trust Fund acquires any REO Property in connection with a default or imminent default on a Mortgage Loan, the Servicer shall dispose of such REO Property not later than the end of the third taxable year after the year of its acquisition by the Trust Fund unless the Servicer has applied for and received a grant of extension from the Internal Revenue Service (and provided a copy of the same to the NIMS Insurer) to the effect that, under the REMIC Provisions and any relevant proposed legislation and under applicable state law, the applicable Trust REMIC may hold REO Property for a longer period without adversely affecting the REMIC status of such REMIC or causing the imposition of a federal or state tax upon such REMIC. If the Servicer has received such an extension (and provide a copy of the same to the NIMS Insurer), then the Servicer shall continue to attempt to sell the REO Property for its fair market value for such period longer than three years as such extension permits (the “Extended Period”). If the Servicer has not received such an extension and the Servicer is unable to sell REO Property within the period ending 3 months before the end of such third taxable year after its acquisition by the Trust Fund or if the Servicer has received such an extension, and the Servicer is unable to sell the REO Property within the period ending three months before the close of the Extended Period, the Servicer shall, before the end of the three-year period or the Extended Period, as applicable, (i) purchase such REO Property at a price equal to the REO Property’s fair market value, as acceptable to the NIMS Insurer or (ii) auction the REO Property to the highest bidder (which may be the Servicer) in an auction reasonably designed to produce a fair price prior to the expiration of the three-year period or the Extended Period, as the case may be. The Master Servicer shall sign any document or take any other action reasonably requested by the Servicer which would enable the Servicer, on behalf of the Trust Fund, to request such grant of extension. Notwithstanding any other provisions of this Agreement, no REO Property acquired by the Trust Fund shall be rented (or allowed to continue to be rented) or otherwise used by or on behalf of the Trust Fund in such a manner or pursuant to any terms that would: (i) cause such REO Property to fail to qualify as “foreclosure property” within the meaning of Section 860G(a)(8) of the Code; or (ii) subject any Trust REMIC to the imposition of any federal income taxes on the income earned from such REO Property, including any taxes imposed by reason of Sections 860F or 860G(c) of the Code, unless the Servicer has agreed to indemnify and hold harmless the Trust Fund and the NIMS Insurer with respect to the imposition of any such taxes. The Servicer shall also maintain on each REO Property hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements which are a part of such property and (ii) the outstanding Principal Balance of the Mortgage Loan at the time it becomes an REO Property. Each REO Disposition shall be carried out by the Servicer at such price and upon such terms and conditions as the Servicer reasonably determines to be in the best interest of the Certificateholders and provided the sales price and the related terms and conditions are results of arm’s-length negotiation. The proceeds of sale of the REO Property shall be promptly deposited in the Custodial Account. After the expenses of such disposition shall have been paid, the Servicer shall pursuant to Section 3.04 apply any remaining proceeds to payment of any unreimbursed Option One Servicing Fees, Servicing Advances or Monthly Advances or unpaid Seller Remittance Amount incurred with respect to such REO Property. The Servicer shall withdraw from the Custodial Account funds necessary for the proper operation, management and maintenance of the REO Property, including the cost of maintaining any hazard insurance pursuant to the ▇▇▇▇▇▇▇ Mac or ▇▇▇▇▇▇ Mae Guides.

  • Property Acquisitions System Agency funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable.

  • Limited Condition Acquisitions Notwithstanding anything in this Agreement or any Loan Document to the contrary, when calculating any applicable ratio or any basket based on Consolidated EBITDA or total assets, or determining other compliance with this Agreement (including the determination of compliance with any provision of this Agreement which requires that no Default or Event of Default has occurred, is continuing or would result therefrom, but excluding Section 4.02 to the extent set forth therein) in connection with a Specified Transaction undertaken in connection with the consummation of a Limited Condition Acquisition, the date of determination of such ratio or any basket based on Consolidated EBITDA or total assets, and determination of whether any Default or Event of Default has occurred, is continuing or would result therefrom or other applicable covenant shall, at the option of the Borrower (the Borrower’s election to exercise such option in connection with any Limited Condition Acquisition, an “LCA Election”), be deemed to be the date the definitive agreements for such Limited Condition Acquisition are entered into (the “LCA Test Date”) and if, after such ratios and other provisions are measured on a Pro Forma Basis after giving effect to such Limited Condition Acquisition and the other Specified Transactions to be entered into in connection therewith (including any incurrence of Indebtedness and the use of proceeds thereof) as if they occurred at the beginning of the applicable Test Period ending prior to the LCA Test Date, the Borrower could have taken such action on the relevant LCA Test Date in compliance with such ratios and provisions, such provisions shall be deemed to have been complied with; provided that no such acquisition shall constitute a Limited Condition Acquisition unless the Payment Conditions are satisfied on a Pro Forma Basis on the applicable LCA Test Date. For the avoidance of doubt, (x) if any of such ratios are exceeded as a result of fluctuations in such ratio (including due to fluctuations in Consolidated EBITDA of the Borrower and its Subsidiaries) at or prior to the consummation of the relevant Limited Condition Acquisition, such ratios and other provisions will not be deemed to have been exceeded as a result of such fluctuations solely for purposes of determining whether the Limited Condition Acquisition is permitted hereunder and (y) such ratios and other provisions shall not be tested at the time of consummation of such Limited Condition Acquisition or related Specified Transactions. If the Borrower has made an LCA Election for any Limited Condition Acquisition, then in connection with any subsequent calculation of any ratio or basket availability with respect to any other Specified Transaction on or following the relevant LCA Test Date and prior to the earlier of the date on which such Limited Condition Acquisition is consummated or the date that the definitive agreement for such Limited Condition Transaction is terminated or expires without consummation of such Limited Condition Acquisition, any such ratio or basket shall be calculated on a Pro Forma Basis assuming such Limited Condition Acquisition and other transactions in connection therewith (including any incurrence of Indebtedness and the use of proceeds thereof) have been consummated.