Separate Lots. The Property is comprised of one (1) or more parcels which constitute a separate tax lot or lots and does not constitute a portion of any other tax lot not a part of the Property.

Access; Utilities; Separate Tax Lots. Each Mortgaged Property # is located on or adjacent to a public road and has direct legal access to such road, or has access via an irrevocable easement or irrevocable right of way permitting ingress and egress to/from a public road, # is served by or has uninhibited access rights to public or private water and sewer (or well and septic) and all required utilities, all of which are appropriate for the current use of the Mortgaged Property, and # constitutes one or more separate tax parcels which do not include any property which is not part of the Mortgaged Property or is subject to an endorsement under the related Title Policy insuring the Mortgaged Property, or in certain cases, an application has been, or will be, made to the applicable governing authority for creation of separate tax lots, in which case the Mortgage Loan requires the Mortgagor to escrow an amount sufficient to pay taxes for the existing tax parcel of which the Mortgaged Property is a part until the separate tax lots are created.

Separate Existence. The Borrower shall be in compliance with the special purpose entity requirements set forth in [Section 6.02(q)].

Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that # the claims and interests of each of the First Lien Secured Parties and the Second Lien Secured Parties are not (and will not be) “substantially similar” within the meaning of Section 1122 of the Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, # the grants of the Liens to secure the First Lien Debt and the grants of the Liens to secure the Second Lien Debt, constitute (or will constitute) two separate and distinct grants of Liens, # the rights of the First Lien Secured Parties in the Collateral and the rights of the Second Lien Secured Parties in the Collateral are each fundamentally different from each other and # as a result of the foregoing, among other things, the First Lien Debt and the Second Lien Debt must be separately classified in any proposal or plan of compromise, arrangement or reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Separate Counsel. Each party hereto represents and agrees with each other that it has been represented by or had the opportunity to be represented by, independent counsel of its own choosing, and that it has had the full right and opportunity to consult with its respective attorney(s), that to the extent, if any, that it desired, it availed itself of this right and opportunity, that it or its authorized officers (as the case may be) have carefully read and fully understand this Agreement in its entirety and have had it fully explained to them by such party's respective counsel, that each is fully aware of the contents thereof and its meaning, intent and legal effect, and that it or its authorized officer (as the case may be) is competent to execute this Agreement and has executed this Agreement free from coercion, duress or undue influence. By their execution of this Agreement, [[Organization B:Organization]], on the one hand, and [[Organization A:Organization]], on the other hand, hereby waive any actual or perceived conflict(s) of interest in connection with any prior, existing and any future representation or other relationships between [[Organization B:Organization]]’s counsel and [[Organization B:Organization]] or [[Organization B:Organization]]’s counsel and [[Organization A:Organization]], and that neither [[Organization B:Organization]] nor [[Organization A:Organization]] has requested additional information; further [[Organization A:Organization]] and [[Organization B:Organization]] acknowledge that Company counsel and members thereof maintain securities holdings in [[Organization B:Organization]] which may include Exchange Securities, and may in the future acquire or dispose of additional securities or investments of [[Organization B:Organization]].

Tax Lot. The Agent shall have received evidence that each Property constitutes one (1) or more separate tax lots, which evidence shall be reasonably satisfactory in form and substance to the Agent.

Separate Business; Nonconsolidation. The SPV shall not # engage in any business not permitted by its articles of incorporation or by-laws as in effect on the Closing Date or # conduct its business or act in any other manner which is inconsistent with [Section 4.1(w)]. The officers and directors of the SPV (as appropriate) shall make decisions with respect to the business and daily operations of the SPV independent of and not dictated by Arrow or any other controlling Person.

Sale of Property/Lots. Seller agrees to sell and Buyer agrees to purchase, subject to the terms and conditions of this Agreement, certain property more particularly described as follows:

Sublandlord shall provide Subtenant with three (3) parking spots per one thousand (1,000) leased square feet of the Premises, of which 2.75/1000 will be located under the Premises, and .25/1000 will be located on adjacent surface parking lots. Subtenant shall comply with all reasonable parking rules provided by Sublandlord.

Same store occupancy: Is the measure of all sites owned, operated and occupied at the beginning of any calendar year compared to those same sites that are owned, operated and occupied at the end of that calendar year. Same store refers strictly to communities and vacant lots owned at the commencement of the contract year.