Abandonment Of Jointly Used Poles Sample Clauses

Abandonment Of Jointly Used Poles. If the Pole Owner of a jointly used pole desires at any time to abandon the use thereof, Pole Owner shall give Licensee notice in writing to that effect at least thirty (30) days prior to the date upon which it intends to abandon such pole. Pole Owner may transfer Licensee’s Equipment from the replaced pole to the replacement pole in a reasonable manner consistent with industry practices upon Licensee’s failure to transfer its Equipment within the above mentioned thirty (30) days notice, and Licensee will reimburse Pole Owner for all actual costs incurred. In the event Licensee desires to maintain its facilities on a pole that Pole Owner plans to replace, move or relocate, Pole Owner and Licensee may agree to transfer title of the pole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole and shall indemnify and hold harmless the former Pole Owner of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.
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Abandonment Of Jointly Used Poles. If CenturyLink of a jointly used pole desires at any time to abandon the use thereof, CenturyLink shall give Licensee notice in writing to that effect at least thirty (30) days prior to the date upon which it intends to abandon such pole. CenturyLink may transfer Licensee’s Equipment from the replaced pole to the replacement pole in a reasonable manner consistent with industry practices upon Licensee’s failure to transfer its Equipment within the above mentioned thirty (30) days notice, and Licensee will reimburse CenturyLink for all actual costs incurred. In the event Licensee desires to maintain its facilities on a pole that CenturyLink plans to replace, move or relocate, CenturyLink and Licensee may agree to transfer title of the pole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole and shall indemnify and hold harmless the former CenturyLink of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.
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Abandonment Of Jointly Used Poles. If the Owner of a jointly used pole desires at any time to abandon the use thereof, Owner shall give Licensee notice in writing to that effect at least thirty (30) days prior to the date upon which it intends to abandon such pole. In the event that Licensee has not removed all of its attachments from such pole by the date specified in the notice, Licensee shall become the owner of the pole upon the date specified, and shall indemnify and hold harmless the former Owner of such pole from all obligation, liability, damages, costs, expenses, or charges incurred in connection with such pole thereafter, and upon receipt of an invoice and bill of sale therefor, Licensee shall pay to the former pole Owner the value, in place, at that time, of such abandoned pole, less cost of removal, but in no event less than fifty-dollars.
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Abandonment Of Jointly Used Poles. A. If the owner desires at any time to abandon any jointly used pole, it shall give the licensee notice in writing to that effect at least thirty (30) days prior to the date on which it intends to abandon such pole. If, at the expiration of said period, the owner shall have no attachments on such pole but the licensee shall not have removed all of its attachments therefrom, such pole shall thereupon become the property of the licensee, and the licensee shall save harmless the former owner of such pole from all obligation, liability, damages, cost, expenses or charges incurred thereafter, because of, or arising out of, the presence or condition of such pole or any attachments thereon; and shall pay the owner a sum equal to the value in place of such abandoned pole, or poles, or such other equitable sum as may be agreed
Sample 1
Abandonment Of Jointly Used Poles. ‌ If Pole Owner of a jointly used Pole desires at any time to abandon the use thereof, Pole Owner shall give Licensee notice in writing to that effect at least thirty (30) days prior to the date upon which it intends to abandon such Pole. Pole Owner may transfer Licensee’s Equipment from the replaced Pole to the replacement Pole When Licensee performs maintenance to or removes or replaces its Equipment on Pole Owner’s pole, Licensee must chemically treat all field-drilled holes and plug any unused holes caused by Licensee, including those resulting from removal of Equipment; if Licensee fails to adequately plug and treat such holes, Pole Owner may do so at Licensee’s sole risk and expense.
Sample 1
Abandonment Of Jointly Used Poles. If the Pole OwnerCenturyLink of a jointly used pole desires at any time to abandon the use thereof, Pole OwnerCenturyLink shall give Licensee notice in writing to that effect at least thirty (30) days prior to the date upon which it intends to abandon such pole. Pole OwnerCenturyLink may transfer Licensee’s Equipment from the replaced pole to the replacement pole in a reasonable manner consistent with industry practices upon Licensee’s failure to transfer its Equipment within the above mentioned thirty (30) days notice, and Licensee will reimburse Pole OwnerCenturyLink for all actual costs incurred. In the event Licensee desires to maintain its facilities on a pole that Pole OwnerCenturyLink plans to replace, move or relocate, Pole OwnerCenturyLink and Licensee may agree to transfer title of the pole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole and shall indemnify and hold harmless the former Pole OwnerCenturyLink of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.
Sample 1

Related to Abandonment Of Jointly Used Poles

  • Resolution of Jointly Owned Parsonage Local Church and any other church with which it jointly owns a parsonage property must resolve the ownership of the parsonage by one party conveying its interest to the other by agreement (on any terms to which those parties may agree) or by process set out in the Discipline, or otherwise sell the parsonage and divide the proceeds on a pro-rata basis.

  • Termination and Data Destruction Upon Project Close-out, the Requester and Approved Users agree to destroy all copies, versions, and Data Derivatives of the dataset(s) retrieved from NIH-designated controlled-access databases, on both local servers and hardware, and if cloud computing was used, delete the data and cloud images from cloud computing provider storage, virtual and physical machines, databases, and random access archives, in accord with the NIH Security Best Practices for Controlled-Access Data Subject to the NIH Genomic Data Sharing (GDS) Policy. However, the Requester may retain these data as necessary to comply with any institutional policies (e.g., scientific data retention policy), law, and scientific transparency expectations for disseminated research results, and/or journal policies. A Requester who retains data for any of these purposes continues to be a xxxxxxx of the data and is responsible for the management of the retained data in accordance with the NIH Security Best Practices for ControlledAccess Data Subject to the NIH Genomic Data Sharing (GDS) Policy, and any institutional policies. Any retained data may only be used by the PI and Requester to support the findings (e.g., validation) resulting from the research described in the DAR that was submitted by the Requester and approved by NIH. The data may not be used to answer any additional research questions, even if they are within the scope of the approved Data Access Request, unless the Requester submits a new DAR and is approved by NIH to conduct the additional research. If a Requester retains data for any of these purposes, the relevant portions of Terms 4, 5, 6, 7, 8, and 12 remain in effect after termination of this Data Use Certification Agreement. These terms remain in effect until the data is destroyed.

  • Abandonment of Position An employee who fails to report for duty for three consecutive working days without informing the Employer of the reason for their absence will be presumed to have abandoned their position. An employee will be afforded the opportunity within 10 days to rebut such presumption and demonstrate that there were reasonable grounds for not informing the Employer.

  • Job Abandonment A. If an employee is absent without authorized leave under the provisions of Article 17.1.D for twelve (12) or more consecutive days, the employee shall be considered to have abandoned the position and voluntarily resigned from the University. B. Notwithstanding Article 16.7(A), above, if the employee's absence is for reasons beyond the control of the employee and the employee notifies the University as soon as practicable, the employee will not be considered to have abandoned the position.

  • CONTRIBUTION IN THE EVENT OF JOINT LIABILITY (a) To the fullest extent permissible under applicable law, if the indemnification, hold harmless and/or exoneration rights provided for in this Agreement are unavailable to Indemnitee in whole or in part for any reason whatsoever, the Company, in lieu of indemnifying, holding harmless or exonerating Indemnitee, shall pay, in the first instance, the entire amount incurred by Indemnitee, whether for judgments, liabilities, fines, penalties, amounts paid or to be paid in settlement and/or for Expenses, in connection with any Proceeding without requiring Indemnitee to contribute to such payment, and the Company hereby waives and relinquishes any right of contribution it may have at any time against Indemnitee. (b) The Company shall not enter into any settlement of any Proceeding in which the Company is jointly liable with Indemnitee (or would be if joined in such Proceeding) unless such settlement provides for a full and final release of all claims asserted against Indemnitee. (c) The Company hereby agrees to fully indemnify, hold harmless and exonerate Indemnitee from any claims for contribution which may be brought by officers, directors or employees of the Company other than Indemnitee who may be jointly liable with Indemnitee.

  • Notification to Unsuccessful Job Applicants The parties agree that any unsuccessful candidate for an ONA job posting will be notified, in writing, within one (1) week of the decision being made and prior to the posting of the name of the successful candidate. The parties further agree that the above notification will be copied to the ONA Bargaining Unit President.

  • Data Return and Destruction of Data (a) Protecting PII from unauthorized access and disclosure is of the utmost importance to the EA, and Contractor agrees that it is prohibited from retaining PII or continued access to PII or any copy, summary or extract of PII, on any storage medium (including, without limitation, in secure data centers and/or cloud-based facilities) whatsoever beyond the period of providing Services to the EA, unless such retention is either expressly authorized for a prescribed period by the Service Agreement or other written agreement between the Parties, or expressly requested by the EA for purposes of facilitating the transfer of PII to the EA or expressly required by law. As applicable, upon expiration or termination of the Service Agreement, Contractor shall transfer PII, in a format agreed to by the Parties to the EA. (b) If applicable, once the transfer of PII has been accomplished in accordance with the EA’s written election to do so, Contractor agrees to return or destroy all PII when the purpose that necessitated its receipt by Contractor has been completed. Thereafter, with regard to all PII (including without limitation, all hard copies, archived copies, electronic versions, electronic imaging of hard copies) as well as any and all PII maintained on behalf of Contractor in a secure data center and/or cloud-based facilities that remain in the possession of Contractor or its Subcontractors, Contractor shall ensure that PII is securely deleted and/or destroyed in a manner that does not allow it to be retrieved or retrievable, read or reconstructed. Hard copy media must be shredded or destroyed such that PII cannot be read or otherwise reconstructed, and electronic media must be cleared, purged, or destroyed such that the PII cannot be retrieved. Only the destruction of paper PII, and not redaction, will satisfy the requirements for data destruction. Redaction is specifically excluded as a means of data destruction. (c) Contractor shall provide the EA with a written certification of the secure deletion and/or destruction of PII held by the Contractor or Subcontractors. (d) To the extent that Contractor and/or its subcontractors continue to be in possession of any de-identified data (i.e., data that has had all direct and indirect identifiers removed), they agree not to attempt to re-identify de-identified data and not to transfer de-identified data to any party.

  • APPLICABILITY TO SUBCONTRACTORS Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Agreement will be bound by the foregoing terms and conditions.

  • Restoration of Rights on Abandonment of Proceedings In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

  • Reports of Foreclosures and Abandonment of Mortgaged Property The Master Servicer or the Subservicers shall file information returns with respect to the receipt of mortgage interests received in a trade or business, the reports of foreclosures and abandonments of any Mortgaged Property and the information returns relating to cancellation of indebtedness income with respect to any Mortgaged Property required by Sections 6050H, 6050J and 6050P, respectively, of the Code, and deliver to the Trustee an Officers' Certificate on or before March 31 of each year stating that such reports have been filed. Such reports shall be in form and substance sufficient to meet the reporting requirements imposed by Sections 6050H, 6050J and 6050P of the Code.

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