City’s Reserved Rights. Notwithstanding any other provisions of this Agreement, pursuant to RCW 36.70B.170(4) the City reserves authority to impose new or different officially adopted regulations of general applicability to the extent required by a serious threat to public health and safety, as determined by the Redmond City Council after written notice and an opportunity to be heard has been provided to Owner.
City’s Reserved Rights. As required by RCW 36.70B.170(4), the City expressly reserves the authority to impose new or different use regulations from those set forth in Section 2(a) to the extent required by a serious threat to public health and safety. Such regulations shall be imposed upon compliance with any applicable notice and hearing requirements.
City’s Reserved Rights. 8.5.1 The City reserves the right to require SNA to move or reroute the Cable in the vaults and on poles at the City's sole election and cost and with proper scheduling between SNA and the City to avoid or minimize service disruption. In addition, the City reserves the right to replace sections of the City's Reserved Fibers that are on City property and on the City's side of the Patch Panels. The City shall reimburse SNA for all costs reasonably incurred by SNA in connection with any such relocation. SNA may offset amounts due from the City pursuant to this Section 8.5 against rent payable by SNA pursuant to Article 4 hereof.
8.5.2 Notwithstanding the provisions of Section 8.5.1, the cost of any undergrounding of the Cable required as a result of any ordinance adopted by the City that is generally applicable to all telecommunications services providers within the City shall be borne by the City and SNA PRO RATA, with their respective shares being computed as provided in Section 8.3
8.5.3 Any relocation of the Cable at the City's election pursuant to Section 8.5.1 or as required pursuant to Section 8.5.2 shall be accomplished by SNA according to the relocation procedures specified in Appendix 5 to the UTS Participation Agreement.
City’s Reserved Rights. The City reserves the right to utilize Available Incremental Taxes that are not necessary (i) to pay the next principal and interest payment on the City Note or any Additional City Note, (ii) to maintain any Increment Coverage Ratio and/or any Increment Debt Service Reserve, as applicable, or (iii) to reimburse CTA Pay-As-You-Go Funds under Section 4.03(f)(iv), for any lawful purpose, including without limitation (x) payment of obligations of Existing Redevelopment Areas, as permitted by the Act, (y) at the option of the City, declaration of surplus, as permitted by the Act, and (z) distribution to other taxing districts, as permitted or required by the Act.
City’s Reserved Rights. Notwithstanding IAC’s operation of the Art Center and provision of Services hereunder, the City specifically reserves the right perform or cause to be performed the following:
City’s Reserved Rights. Without penalty or giving rise to any Claim (but subject to this Section 11), City reserves, at all times, the right, upon written notice to Offeror, to (1) terminate this Scoping Agreement, (2) terminate, suspend, or elect not to proceed in negotiations with Offeror and/or (3) issue a subsequent RFPQ for the Project. Upon receipt of written notice from the City of such termination, Offeror shall (a) cease operations as directed by the City, (b) take actions necessary, or that the City may direct, for the protection and preservation of the Work Product, and (c) except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. Any suspension of this Agreement or the Offeror’s services hereunder or failure to respond to any submitted documents lasting more than sixty (60) days shall, at Offeror’s election, be deemed a termination by the City and the Offeror shall be entitled to its costs as provided herein. If the City exercises its right to terminate this Agreement, the City shall reimburse Offeror for an amount equal to one hundred percent (100%) of all costs actually incurred by Nickel Plate Trail & Tunnel Scoping Agreement Offeror to complete the Scoping Services performed prior the City’s written notice of termination and satisfactory to the City, in its commercially reasonable discretion.
City’s Reserved Rights. City is committed to a policy of providing open access to the Airport and achieving a balanced and efficient utilization of Airport facilities. To achieve these goals, City reserves the right to (i) recapture Preferential Use Gates pursuant to Section 5.03.C below and (ii) to require accommodation on Preferential Use Gates pursuant to Section 5.03.D below.
City’s Reserved Rights. 15.1 Any applicable zoning processes, building permit processes, ROW management policies and similar regulatory requirements that apply to Company’s Interactive Kiosks and/or related Facilities are completely separate from the plans approval processes under this Agreement or the Encroachment Permit. Company’s satisfaction of any regulatory requirement does not substitute for compliance with any requirement of this Agreement or constitute approval of any plans for the purposes of this Agreement. Company must make all submittals and communications regarding the requirements of this Agreement through the Land Services Section of the Engineering and Transportation Department.
City’s Reserved Rights. 6.1 City reserves the right to maintain its Poles and to operate City facilities on City Poles in such manner as will best enable it to fulfill its own service requirements, including but not limited to attachment of additional facilities to City Poles so long as such requirements and additional facilities do not materially interfere with VZW’s operations. City shall not have liability for any interference with the operation of VZW’s equipment or of VZW’s customer’s equipment that may arise in any manner out of VZW’s use of City Poles or ROW for its PWSFs.
6.2 If City deems it necessary, in connection with the installation, operation, maintenance, replacement, relocation, or removal of City Poles or the facilities located on City Poles, to relocate VZW’s PWSF attached to City’s Pole, the City may require VZW to relocate the PWSF to another location on the ROW (the “Alternate Property”) provided: (a) the Alternate Property is similar to VZW’s current premises in size and is compatible for VZW’s use; (c) City shall give VZW at least six (6) months written notice before requiring VZW to relocate; and (d) VZW shall be allowed if necessary to place a temporary cell site and antenna structure on the ROW during relocation.
6.2.1 VZW shall perform the relocation work at its own expense.
6.2.2 City or its Contractors may perform any part of the relocation work that has not been performed within the allotted time. VZW shall reimburse City for its actual costs in performing any relocation work. However, City has no obligation to move VZW facilities.
6.3 City reserves the right to abandon any of the City’s Poles. City shall give VZW no less than one hundred eighty (180) days’ notice of its intent to abandon a Pole. City may include in such notice an offer to sell the Pole to VZW at the then value thereof in place or such other equitable sum as the Parties may agree upon, in which case VZW shall have thirty (30) days from the date of such notice to purchase said Pole. If VZW has already paid for the Pole, there will be no charge for the Pole. If VZW does not purchase the Pole within the 30-day period, the City’s permission to VZW to attach to such Pole shall terminate, and unless the City notifies VZW otherwise, VZW shall immediately remove VZW’s PWSF from the Pole. Failure to do so will result in City withdrawing actual costs from the Deposit (as defined below) provided by VZW under Section 18 – Deposit.
6.4 VZW shall at no time sublease, sublicense or rent any portio...
City’s Reserved Rights. With the exception of the Valet Parking Area, the Employee Parking Area and the Hotel Parking Area (as they are located from time to time) and the Residential Parking Garages (except for the Public Spaces in the Residential Parking Garages), the City hereby reserves the right to use, and the right to grant others the right to use, in common with Owner and any Developer Subsidiary, the Land, and the right to alter, demolish, develop or construct improvements on the Land provided that such alteration, demolition, development and construction work does not unreasonably interfere with the rights herein granted for the purposes intended.
