Access to Rights-of-Way Generally Sample Clauses

Access to Rights-of-Way Generally. Each pole attachment and conduit occupancy assignment or license made, issued, or subject to this Agreement shall include access to and use of all associated rights-of-way including, but not limited to, rights-of-way required by Applicant for ingress, egress, or other access to any sites where SWBT’s poles or any part of SWBT’s conduit system are located, but only to the extent, if any, that SWBT has the legal authority to grant such access and use. At locations where SWBT has access to third-party property pursuant to non-exclusive rights-of-way, SWBT shall not interfere with Applicant’s negotiations with third-party property owners for similar access or with Applicant’s access to such property pursuant to easements or other rights-of-ways obtained by Applicant from the property owner; provided, however, that neither party shall conduct activities on such right-of- way which interfere with the facilities of the other party or with the other party’s access to and use of its own facilities. At locations where SWBT has obtained exclusive rights-of-way from third-party property owners or otherwise controls the right-of-way, SWBT shall, to the extent space is available, and subject to reasonable safety, reliability, and engineering conditions, provide access to Applicant and third parties on a nondiscriminatory, first-come, first-served basis, provided that the underlying agreement with the property owner permits SWBT to provide such access, and provided further that Applicant agrees to indemnify, on request defend, and hold SWBT harmless from any injury, loss, damage, claim, or liability arising out of or in connection with such access or use. Such access shall be granted, on a case-by-case basis, in the form of a license, sublicense, sub-easement, or other mutually acceptable writing. Except as otherwise agreed to by the parties, SWBT’s charges for such access (obtained from SWBT rather than from the third-party property owner) shall include (a) a pro rata portion of the charges (including but not limited to one-time charges and recurring charges), if any, paid by SWBT to obtain the right-of-way plus (b) any other documented legal, administrative, and engineering costs incurred by SWBT in obtaining the right-of-way and processing Applicant’s request for access. Applicant’s pro rata portion of the charge paid by SWBT shall be negotiated on a case-by-case basis and shall take into account the size of the area used by Applicant and the number of users occupying...
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Access to Rights-of-Way Generally. At locations where SBC-13STATE has access to third-party property pursuant to non-exclusive rights-of-way, SBC-13STATE shall not interfere with Attaching Party’s negotiations with third-party property owners for similar access or with Attaching Party’s access to such property pursuant to easements or other rights-of-ways obtained by Attaching Party from the property owner. At locations where SBC-13STATE has obtained exclusive rights-of-way from third-party property owners or otherwise controls the right-of-way, SBC-13STATE shall, to the extent space is available, and subject to reasonable safety, reliability, and engineering conditions, provide access to Attaching Party on a nondiscriminatory basis, provided that the underlying agreement with the property owner permits SBC- 13STATE to provide such access, and provided further that SBC-13STATE’s charges for such access shall include Attaching Party’s pro rata portion of the charges, if any, paid by SBC-13STATE to obtain the right- of-way, plus any other documented legal, administrative, and engineering costs incurred by SBC-13STATE in obtaining the right-of-way and processing Attaching Party’s request for access.
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Access to Rights-of-Way Generally. At locations where AT&T has access to third-party property pursuant to non- exclusive ROW, AT&T will not interfere with Attaching Party’s negotiations with third-party property owners for similar access; nor with Attaching Party’s access to such property pursuant to easements or other ROW Attaching Party obtained from the property owner. At locations where AT&T has obtained exclusive ROW from third-party property owners or otherwise controls the ROW, AT&T will, to the extent space is available, and subject to reasonable safety, reliability, and engineering conditions, provide access to Attaching Party on a nondiscriminatory basis, provided that the underlying agreement with the property owner permits AT&T to provide such access, and provided further that if AT&T has available space that it shares with Attaching Party in such ROW or easements (e.g., for cabinets placed on or underground), Attaching Party agrees to reimburse AT&T for any documented administrative and engineering costs AT&T incurs that are solely attributable to Attaching Party’s requests for such access.
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Access to Rights-of-Way Generally. At locations where AT&T has access to third-party property pursuant to non-exclusive rights-of-way, AT&T shall not interfere with Attaching Party’s negotiations with third-party property owners for similar access; nor with Attaching Party’s access to such property pursuant to easements or other rights-of-ways obtained by Attaching Party from the property owner. At locations where AT&T has obtained exclusive rights-of-way from third-party property owners or otherwise controls the rights-of-way, AT&T shall, to the extent space is available, and subject to reasonable safety, reliability, and engineering conditions, provide access to Attaching Party on a nondiscriminatory basis, provided that the underlying agreement with the property owner permits AT&T to provide such access, and provided further that if AT&T has available space that it shares with Attaching Party in AT&T non-aerial rights-of-way or easements (e.g., for cabinets placed on or under ground), which have not been accounted for in rates determined in accordance with the Pole Attachment Act (i.e., aerial, linear rights-of-way for pole lines are so accounted for), AT&T shall include Attaching Party’s pro rata portion of the charges, if any, paid by AT&T to obtain such non-aerial rights-of-way or easements, plus any other reasonable documented legal, administrative, and engineering costs incurred by AT&T in obtaining such rights-of-way or easements and processing Attaching Party’s requests for such access.
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Access to Rights-of-Way Generally. At locations where AT&T-13STATE has access to third-party property pursuant to non-exclusive rights-of-way, AT&T-13STATE shall not interfere with Attaching Party’s negotiations with third-party property owners for similar access or with Attaching Party’s access to such property pursuant to easements or other rights-of-ways obtained by Attaching Party from the property owner. At locations where AT&T-13STATE has obtained exclusive rights-of-way from third-party property owners or otherwise controls the right-of-way, AT&T-13STATE shall, to the extent space is available, and subject to reasonable safety, reliability, and engineering conditions, provide access to Attaching Party on a nondiscriminatory basis, provided that the underlying agreement with the property owner permits AT&T- 13STATE to provide such access, and provided further that AT&T-13STATE’s charges for such access shall include Attaching Party’s pro rata portion of the charges, if any, paid by AT&T-13STATE to obtain the right-of-way, plus any other documented legal, administrative, and engineering costs incurred by AT&T- 13STATE in obtaining the right-of-way and processing Attaching Party’s request for access.
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Related to Access to Rights-of-Way Generally

  • Access to NID 2.17.3.1 TWTC may access the customer’s premises wiring by any of the following means and TWTC shall not disturb the existing form of electrical protection and shall maintain the physical integrity of the NID:

  • Access to Site 3.05.1 Contractor may enter and leave the premises at all reasonable times without charge. Contractor and its employees may use the common areas and roadways of the premises where it is to perform the services together with all facilities, equipment, improvements, and services provided in connection with the premises for common use. This excludes parking for Contractor’s personnel. Contractor shall repair any damage caused by it or its employees as a result of its use of the common areas.

  • Access to PHI Business Associate shall provide access to PHI in a Designated Record Set to Covered Entity or as directed by Covered Entity to an Individual to meet the requirements under 45 CFR § 164.524. Business Associate shall provide such access in the time and manner reasonably designated by Covered Entity. Within three (3) business days, Business Associate shall forward to Covered Entity for handling any request for access to PHI that Business Associate directly receives from an Individual.

  • Access to Software Access Rights to Software which is Results shall comprise: Access to the Object Code; and, where normal use of such an Object Code requires an Application Programming Interface (hereafter API), Access to the Object Code and such an API; and, if a Party can show that the execution of its tasks under the Project or the Exploitation of its own Results is technically or legally impossible without Access to the Source Code, Access to the Source Code to the extent necessary. Background shall only be provided in Object Code unless otherwise agreed between the Parties concerned.

  • Access to Services 1. Subject to DHCS provider enrollment certification requirements, the Contractor shall maintain continuous availability and accessibility of covered services and facilities, service sites, and personnel to provide the covered services through use of DMC certified providers. Such services shall not be limited due to budgetary constraints.

  • Access to Worksite 9.4.1 Authorized representatives of the Association shall have the right to transact official Association business on school property during regular school business hours provided that such activities or use do not interfere with classroom instruction or interrupt normal operations.

  • Access to and Use of Content Customer has the right to access and use applicable Content subject to the terms of applicable Order Forms, this Agreement and the Documentation.

  • Specific Provisions for Access Rights to Software For the avoidance of doubt, the general provisions for Access Rights provided for in this Section 9 are applicable also to Software. Parties’ Access Rights to Software do not include any right to receive source code or object code ported to a certain hardware platform or any right to receive respective Software documentation in any particular form or detail, but only as available from the Party granting the Access Rights.

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