MONEY DUE BY
LESSEE HEREUNDER, AND (II) IF REQUESTED OF LESSEE, WHETHER OR NOT THERE IS ANY
EXISTING DEFAULT BY LESSEE IN THE PAYMENT OF ANY OTHER SUM OF MONEY DUE BY
LESSEE HEREUNDER,
(E)
WHETHER OR NOT, TO THE KNOWLEDGE OF THE INDIVIDUAL EXECUTING THE
SAME, AFTER REASONABLE INQUIRY, THERE IS ANY OTHER EXISTING DEFAULT BY EITHER
PARTY WITH RESPECT TO WHICH A NOTICE OF DEFAULT HAS BEEN SERVED, AND, IF THERE
IS ANY SUCH DEFAULT, SPECIFYING THE NATURE AND EXTENT THEREOF;
(F)
WHETHER OR NOT, TO THE KNOWLEDGE OF THE INDIVIDUAL EXECUTING THE
SAME, AFTER REASONABLE INQUIRY, THERE ARE ANY SETOFFS, DEFENSES OR COUNTERCLAIMS
AGAINST ENFORCEMENT OF THE OBLIGATIONS TO BE PERFORMED HEREUNDER EXISTING IN
FAVOR OF THE PARTY EXECUTING SUCH CERTIFICATE; AND
(G)
OTHER ITEMS OR INFORMATION THAT MAY BE REASONABLY REQUESTED.
SUCH CERTIFICATE MAY BE RELIED UPON BY SUCH PURCHASER, ASSIGNEE, MORTGAGEE OR
OTHER THIRD PARTY AS SHALL HAVE BEEN DESIGNATED IN ACCORDANCE WITH THE FOREGOING
PROVISIONS OF THIS SECTION 25.10.
SECTION 25.11.
GRANTING OF EASEMENTS.
(A)
PROVIDED NO EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING,
LESSOR WILL JOIN WITH LESSEE FROM TIME TO TIME AT THE REQUEST OF LESSEE (AND AT
LESSEE'S SOLE COST AND EXPENSE) TO (I) SUBJECT TO THE TERMS OF ARTICLE XIV, (X)
SELL, ASSIGN, CONVEY OR OTHERWISE TRANSFER AN INTEREST IN THE PROPERTY TO ANY
PERSON LEGALLY EMPOWERED TO TAKE SUCH INTEREST UNDER THE POWER OF EMINENT DOMAIN
AND (Y) DEDICATE OR TRANSFER UNIMPROVED PORTIONS OF THE PROPERTY FOR ROAD,
HIGHWAY OR OTHER PUBLIC PURPOSES, (II) GRANT EASEMENTS, LICENSES, RIGHTS OF WAY
AND OTHER RIGHTS AND PRIVILEGES IN THE NATURE OF EASEMENTS, (III) RELEASE
EXISTING EASEMENTS AND APPURTENANCES WHICH BENEFIT THE PROPERTY, (IV) EXECUTE
PETITIONS TO HAVE THE PROPERTY ANNEXED TO ANY MUNICIPAL CORPORATION OR UTILITY
DISTRICT, (V) EXECUTE AMENDMENTS TO ANY COVENANTS AND RESTRICTIONS AFFECTING THE
PROPERTY AND (VI) EXECUTE AND DELIVER ANY INSTRUMENT, IN FORM AND SUBSTANCE
REASONABLY ACCEPTABLE
49
TO LESSOR, NECESSARY OR APPROPRIATE TO MAKE OR CONFIRM SUCH GRANTS, RELEASES OR
OTHER ACTIONS DESCRIBED ABOVE IN THIS SECTION 25.11 TO ANY PERSON; PROVIDED THAT
LESSOR SHALL HAVE RECEIVED A CERTIFICATE OF AN AUTHORIZED OFFICER OF LESSEE
STATING THAT SUCH GRANT OR RELEASE, OR SUCH DEDICATION, TRANSFER OR AMENDMENT,
AS THE CASE MAY BE, SET FORTH IN CLAUSE (I) THROUGH (VI) DOES NOT IMPAIR (OTHER
THAN TO AN IMMATERIAL EXTENT) THE USEFULNESS OF THE PROPERTY FOR THE PURPOSES
FOR WHICH THE PROPERTY IS THEN GENERALLY BEING USED AND DOES NOT IMPAIR (OTHER
THAN TO AN IMMATERIAL EXTENT) THE FAIR MARKET VALUE OF THE PROPERTY. ANY DISPUTE
UNDER THIS SECTION 25.11 SHALL BE RESOLVED BY THE ARBITRATION PROCEDURE.
(B)
WITHOUT LIMITING THE GENERALITY OF SECTION 25.11(A), LESSOR (AT
LESSEE'S EXPENSE) AGREES TO EXECUTE AND DELIVER AT LESSEE'S REQUEST AND TO ALLOW
LESSEE TO RECORD IN THE APPLICABLE LAND RECORDS, SUCH PURCHASE AGREEMENTS,
INSTRUMENTS, RESOLUTIONS AND OTHER DOCUMENTS AS LESSEE OR LESSOR MAY REASONABLY
REQUEST TO EFFECT (I) THE CONVEYANCE TO LIPA OF AN EASEMENT INTEREST IN RESPECT