Rights of Way, Surface Use, etc Sample Clauses

Rights of Way, Surface Use, etc. Midstream Co is responsible, at its sole cost, for the acquisition and maintenance of rights of way, surface use and/or surface access agreements necessary to construct, own and operate the Individual System and provide the Services hereunder (including any Committed Build-Outs); provided, however, that in the event (i) any right of way, surface use and/or surface access agreement necessary to construct, own or operate any Committed Build-Out cannot be obtained by Midstream Co on terms and conditions reasonably acceptable to Midstream Co, and (ii) Producer cannot facilitate Midstream Co’s receipt of any such necessary right of way, surface use and/or surface access agreement on terms and conditions reasonably acceptable to Midstream Co, then Midstream Co shall not be obligated to complete such Committed Build-Out. Midstream Co agrees to provide Producer with quarterly updates as to the progress of any then-approved Committed Build-Outs. Additionally, should Midstream Co reasonably believe that any Committed Build-Out will not be completed and placed in-service by the applicable Target Completion Date reflected in the applicable System Plan, Midstream Co shall send written notice to Producer of such delay promptly upon Midstream Co’s determination that such delay will be reasonably likely to occur.

Related to Rights of Way, Surface Use, etc

  • Rights-of-Way Each of the Partnership Entities has such consents, easements, rights-of-way or licenses from any person (“rights-of-way”) as are necessary to conduct its business in the manner described in the Pricing Disclosure Package and the Prospectus, subject to such qualifications as may be set forth in the Pricing Disclosure Package and the Prospectus and except for such rights-of-way the failure of which to have obtained would not have, individually or in the aggregate, a Material Adverse Effect; each of the Partnership Entities has fulfilled and performed all its material obligations with respect to such rights-of-way and no event has occurred which allows, or after notice or lapse of time would allow, revocation or termination thereof or would result in any impairment of the rights of the holder of any such rights-of-way, except for such revocations, terminations and impairments that will not have a Material Adverse Effect, subject in each case to such qualification as may be set forth in the Pricing Disclosure Package and the Prospectus; and, except as described in the Pricing Disclosure Package and the Prospectus, none of such rights-of-way contains any restriction that is materially burdensome to the Partnership Entities, taken as a whole.

  • Underground Tanks If underground or other storage tanks storing Hazardous Materials located on the Premises or the Project are used by Tenant or are hereafter placed on the Premises or the Project by Tenant, Tenant shall install, use, monitor, operate, maintain, upgrade and manage such storage tanks, maintain appropriate records, obtain and maintain appropriate insurance, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other actions necessary or required under applicable state and federal Legal Requirements, as such now exists or may hereafter be adopted or amended in connection with the installation, use, maintenance, management, operation, upgrading and closure of such storage tanks.

  • Requirements of Rights-of-Way Pur- chaser’s road construction and use of rights-of-way identi- fied in attached list or C5.11 shall be confined to rights-of- way and limited by the related easements and stipula- tions, if any, unless Purchaser makes other arrangements that will not infringe upon or adversely affect the grantee’s rights. Easements or right-of-way documents are avail- able in the offices of the Forest Supervisor and District Ranger.

  • Water Rights Water rights and/or water shares used in connection with the Property;

  • Underground Storage Tanks In accordance with the requirements of Section 3(g) of the D.C. Underground Storage Tank Management Act of 1990, as amended by the District of Columbia Underground Storage Tank Management Act of 1990 Amendment Act of 1992 (D.C. Code § 8-113.01, et seq.) (collectively, the “UST Act”) and the applicable D.C. Underground Storage Tank Regulations, 20 DCMR Chapter 56 (the “UST Regulations”), District hereby informs the Developer that it has no knowledge of the existence or removal during its ownership of the Property of any “underground storage tanks” (as defined in the UST Act). Information pertaining to underground storage tanks and underground storage tank removals of which the D.C. Government has received notification is on file with the District Department of the Environment, Underground Storage Tank Branch, ▇▇ ▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇, telephone (▇▇▇) ▇▇▇-▇▇▇▇. District’s knowledge for purposes of this Section shall mean and be limited to the actual knowledge of ▇▇▇▇▇▇ ▇▇▇▇▇, Property Acquisition and Disposition Division of the Department of Housing and Community Development, telephone no. (▇▇▇) ▇▇▇-▇▇▇▇. The foregoing is set forth pursuant to requirements contained in the UST Act and UST Regulations and does not constitute a representation or warranty by District.