Common use of Challenge to Agreement Clause in Contracts

Challenge to Agreement. If a Granting Authority, in any forum, in any way challenges, disputes, or makes a claim against the Company’s authority to grant this license, the Company shall give Permittee reasonable notice of same. The Company reserves the right in its sole discretion to require Permittee to remove its Attachments from the Company Facilities which are the subject of the challenge, dispute or claim, within thirty (30) days or less (as required by the Granting Authority or statute) of written notice from the Company. Permittee shall, upon such notice, relinquish use of the Company Facilities, and remove any Attachments promptly prior to the last date specified in the notice. Notwithstanding the above, if within the period described above, Permittee obtains an order from a court or regulatory agency with jurisdiction over the challenge, dispute or claim against the Company’s authority to grant this license, which order allows Permittee to remain attached to the Company Facilities, Permittee shall be allowed to remain on the Company Facilities under the terms of that order, until a final decision or judgment is made at the highest level desired by Permittee. In the event of such contest, Permittee shall indemnify and hold the Company harmless from any expense, legal action, or cost, including reasonable attorneys’ fees, resulting from the exercise of Permittee’s right to contest under this Section at Permittee’s sole expense.

Appears in 3 contracts

Samples: Overhead Facilities License Agreement, Overhead Facilities License Agreement, Overhead Facilities License Agreement

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Challenge to Agreement. 1.3.1 If a Granting Authority, in any forum, in any way challenges, disputes, or makes a claim against the Company’s authority to grant this license, the Company shall give Permittee reasonable notice of same. The Company reserves the right in its sole discretion to require Permittee to remove its from Company Space the Attachments from the Company Facilities which that are the subject of the challenge, dispute dispute, or claim, within thirty (30) days or less (as required by the Granting Authority or statute) of written notice from the Company. Permittee shall, upon such notice, relinquish use of the Company FacilitiesSpace, and remove any Attachments promptly prior to the last date specified in the notice. . 1.3.2 Notwithstanding the above, if within the period described above, Permittee obtains an order from a court or regulatory agency with jurisdiction over the challenge, dispute dispute, or claim against the Company’s authority to grant this license, which order allows Permittee Permittee’s Attachments to remain attached to in the Company FacilitiesSpace, Permittee shall be allowed to remain on maintain the Attachments in the Company Facilities Space under the terms of that order, until a final decision or judgment is made at the highest level desired by Permittee. In the event of such contest, Permittee shall indemnify and hold the Company harmless from any expense, legal action, or cost, including reasonable attorneys’ fees, resulting from the exercise of Permittee’s right to contest under this Section section at Permittee’s sole expense.

Appears in 1 contract

Samples: Duct, Conduit, and Other Structure Space License Agreement

Challenge to Agreement. If a Granting Authority, in any forum, in any way challenges, disputes, or makes a claim against the Company’s authority to grant this license, the Company shall give Permittee reasonable notice of same. The Company reserves the right in its sole discretion to require Permittee to remove its Attachments from the Company Facilities which are the subject of the challenge, dispute or claim, within thirty (30) days or less (as required by the Granting Authority or statute) of written notice from the Company. Permittee shall, upon such notice, relinquish use of the Company Facilities, and remove any Attachments promptly prior to the last date specified in the notice. Notwithstanding the above, if within the period described above, Permittee Xxxxxxxxx obtains an order from a court or regulatory agency with jurisdiction over the challenge, dispute or claim against the Company’s authority to grant this license, which order allows Permittee to remain attached to the Company Facilities, Permittee shall be allowed to remain on the Company Facilities under the terms of that order, until a final decision or judgment is made at the highest level desired by Permittee. In the event of such contest, Permittee shall indemnify and hold the Company harmless from any expense, legal action, or cost, including reasonable attorneys’ fees, resulting from the exercise of Permittee’s right to contest under this Section section at Permittee’s sole expense.

Appears in 1 contract

Samples: Overhead Facilities License Agreement

Challenge to Agreement. If a Granting Authority, in any forum, in any way challenges, disputes, or makes a claim against the Company’s authority to grant this license, the Company shall give Permittee reasonable notice of same. The Company reserves the right in its sole discretion to require Permittee to remove its Attachments from the Company Facilities which are the subject of the challenge, dispute or claim, within thirty (30) days or less (as required by the Granting Authority or statute) of written notice from the Company. Permittee shall, upon such notice, relinquish use of the Company Facilities, and remove any Attachments promptly prior to the last date specified in the notice. Notwithstanding the above, if within the period described above, Permittee obtains an order from a court or regulatory agency with jurisdiction over the challenge, dispute or claim against the Company’s authority to grant this license, which order allows Permittee to remain attached to the Company Facilities, Permittee shall be allowed to remain on the Company Facilities under the terms of that order, until a final decision or judgment is made at the highest level desired by Permittee. In the event of such contest, Permittee shall indemnify and hold the Company harmless from any expense, legal action, or cost, including reasonable attorneys’ fees, resulting from the exercise of Permittee’s right to contest under this Section section at Permittee’s sole expense.

Appears in 1 contract

Samples: Overhead Facilities License Agreement

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Challenge to Agreement. 1.3.1 If a Granting Authority, in any forum, in any way challenges, disputes, or makes a claim against the Company’s authority to grant this license, the Company shall give Permittee reasonable written notice of same. The Company reserves the right in its sole discretion to require Permittee to remove its from Company Space the Attachments from the Company Facilities which that are the subject of the challenge, dispute dispute, or claim, within thirty (30) days or less (as required by the Granting Authority or statute) of written notice from the CompanyCompany or such earlier time required by the Granting Authority. Permittee shall, upon such written notice, relinquish use of the Company FacilitiesSpace, and remove any Attachments promptly prior to the last date specified in the notice. . 1.3.2 Notwithstanding the above, if within the period described above, Permittee obtains an order from a court or regulatory agency with jurisdiction over the challenge, dispute dispute, or claim against the Company’s authority to grant this license, which order allows Permittee Permittee’s Attachments to remain attached to in the Company FacilitiesSpace, Permittee shall be allowed to remain on maintain the Attachments in the Company Facilities Space under the terms of that order, until a final decision or judgment is made at the highest level desired by Permittee. In the event of such contest, Permittee shall indemnify and hold the Company harmless from any expense, legal action, or cost, including reasonable attorneys’ fees, resulting from the exercise of Permittee’s right to contest under this Section section at Permittee’s sole expense.

Appears in 1 contract

Samples: Duct, Conduit, and Other Underground Structure Space License Agreement

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