Control of Premises. Seller has all legal rights necessary for the Seller to enter upon and occupy the Premises for the purpose of constructing, operating and maintaining the Facility for the Term. All leases of real property required for the operation of the Facility or the performance of any obligations of Seller hereunder are set forth and accurately described in Exhibit 3.2.5. Seller shall maintain all leases or other land grants necessary for the construction, operation and maintenance of the Facility as valid for the Term. Upon request by PacifiCorp, Seller shall provide copies of the memoranda of lease recorded in connection with the development of the Facility to PacifiCorp.
Control of Premises. Applicant acknowledges that its employees and other persons acting on Applicant’s behalf, and employees of joint users and other persons acting on behalf of joint users, will be present, without supervision or control by SWBT, and in many cases without SWBT’s knowledge, on, within, and in the vicinity of SWBT’s poles, ducts, conduits, and rights-of-way. During those times when Applicant’s employees and personnel are present at such sites, Applicant shall be deemed, for the purpose of allocating liabilities between the parties, to be an independent contractor in control of the premises except as otherwise provided in this section. Although SWBT inspectors may be present at the site of work being performed by Applicant or persons acting on Applicant’s behalf, such inspectors shall have no authority to direct Applicant or personnel acting on Applicant’s behalf concerning the method or manner by which the work is to be performed, and the presence of a SWBT inspector shall not result in SWBT’s being deemed to be in control of the premises. When both parties are present and performing work operations at a site subject to this section, SWBT and Applicant shall be deemed to be jointly in control of the premises. When poles, ducts, conduits, or rights-of-way occupy property owned by third parties, neither party shall be deemed to be in control of the premises, except as otherwise provided by law, at times when such party’s work operations are not in progress. Work operations shall be considered to be in progress from the time work commences until such work is completed whether or not employees of a party or persons acting on such party’s behalf are actually present at the site.
Control of Premises. Seller has all legal and contractual rights necessary for Seller to enter upon and occupy the Premises for the purpose of constructing, owning, operating and maintaining the Facility throughout the Term. All real property agreements, including leases and easements, required for the construction, ownership, operation and maintenance of the Facility or the performance of any obligations of Seller in this Agreement are identified in Exhibit E. Seller shall maintain throughout the Term all such real property agreements, including leases and easements, required for the construction, ownership, operation and maintenance of the Facility or the performance of any obligations of Seller in this Agreement. Upon written request by PacifiCorp, Seller shall provide PacifiCorp copies of all memoranda of real property interests recorded in connection with the development of the Facility.
Control of Premises. It is understood that through this agreement the University does not relinquish right to control the management of the Facility and to enforce all necessary laws, rules, and regulations.
Control of Premises. 7.1 The final authority on all matters at the Premises shall be the Citizen Services Department.
Control of Premises. In permitting the use of the Premises, University does not relinquish custody and control thereof and does hereby specifically retain the right to enforce any and all appropriate laws, rules, and regulations applicable to the Premises. All facilities, including the area that is the subject of this Agreement, shall at all times be under the charge and control of the University.
Control of Premises. 6.1 The final authority on all matters at the Facility shall be the Facility operator.
Control of Premises. Unless otherwise agreed in writing by the parties, Contractor shall have at least one of its representatives present at and during all Work performed under the Agreement. Company may, in its sole discretion, request that Contractor, its subcontractors, or any of its or their respective employees or invitees be removed from the premises. If Company makes such a request, Contractor shall remove such individual or individuals from Company’s premises and not allow such individual(s) to return until such return is approved in writing by Company. Company may condition such individual’s return upon Contractor providing proof satisfactory to Company that the individual (i) has tested negative for drugs and alcohol, and (ii) has met any other conditions Company may impose.
Control of Premises. On the Effective Date and continuing throughout the term of this Agreement, Customer (i) shall own and operate the Customer Facility and the Premises, or (ii) shall have the necessary legal rights to the Customer Facility and the Premises, and shall have the full power and authority to perform all of its obligations under this Agreement and with respect to the Customer Facility, the DER Facilities, and the Premises.
Control of Premises. All facilities will at all times be under the control of PCCD and the Director who reserve the right to designate individuals who may enter the Licensed Premises at any time.
