County’s Rights. If Xxxxxx (or any contractor or subcontractor, as applicable) does not cause to be recorded the bond described in California Civil Code section 8000 et seq. or otherwise protect the Premises and Improvements under any alternative or successor statute, and a final judgment has been rendered against Tenant by a court of competent jurisdiction for the foreclosure of a mechanic’s, materialman’s, contractor’s or subcontractor’s lien claim, and if Tenant fails to stay the execution of judgment by lawful means or to pay the judgment, County shall have the right, but not the duty to pay or otherwise discharge, stay or prevent the execution of any such judgment or lien or both. Upon any such payment by County, Tenant shall immediately upon receipt of written request therefor by County, reimburse County for all sums paid by County under this paragraph together with all County reasonable attorney’s fees and costs, plus interest at the Interest Rate from the date of payment until the date of reimbursement.
County’s Rights. County shall have the right to enter and inspect the Premises of any County-owned Designated Transfer and Processing Facility at any time, whether during normal operating hours or not, or for any other purpose required by County.
County’s Rights. County shall have the right to enter and inspect the premises of any County-owned solid waste facility at any time, whether during normal operating hours or not, or for any other purpose required by County.
County’s Rights. COUNTY shall have the right to take or otherwise use Excess Gas, with the approval of XXXXXXXX POWER. Such approval shall not be unreasonably withheld, conditioned or delayed. Excess Gas shall be recovered in such a manner so as not to negatively impact XXXXXXXX POWER’s operations or production and sales of Flare Products or Covered Products. In the event the recovery of such Excess Gas is required to comply with Applicable Law, COUNTY and XXXXXXXX POWER agree to work together to develop Collection System additions, operational methods, and techniques in order for COUNTY to meet Applicable Law, subject to the payment obligations set forth in Section 1.9(d). Any third party purchasing or otherwise receiving from COUNTY Excess Gas or Energy recovered exclusively from Excess Gas shall sign an agreement acknowledging XXXXXXXX POWER’s superior rights to the Landfill Gas, the Covered Products and the Flare Products and other rights under this Agreement, which agreement shall be reasonably acceptable to XXXXXXXX POWER. COUNTY and XXXXXXXX POWER shall coordinate its efforts for Collection System work in the event that COUNTY installs or constructs any collection devices. In the event COUNTY and XXXXXXXX POWER cannot agree on the actions needed to comply with Applicable Law, COUNTY shall have the sole and exclusive right to proceed with such action to the extent required to comply with Applicable Law or protect human health and the environment. Except as specifically provided in this Agreement, COUNTY reserves all rights to use the surface and subsurface of the Landfill; however, COUNTY shall use its best Commercially Reasonable efforts to minimize interference with the operations of the Collection System or Systems, the Conversion System or Systems, the Flare Facility, as described in Section 1.11(a) (if any) and the Utility Interface.
County’s Rights. County shall have the right to discipline or discharge any employee for just cause. Employees are subject to all rules, regulations, policies, and procedures adopted by the County or established by any of its departments or sections, including but not limited to the Employment RulesPolicies & Procedures. Employees are also covered by all state laws and regulations governing public employees.
County’s Rights. Except as arising from or related to a Legal Challenge, if Tenant (or the Contractor or subcontractor, as applicable) does not cause to be recorded the bond described in California Civil Code §8424 or otherwise protect the Premises and Improvements under any alternative or successor statute, and a final judgment has been rendered against Tenant by a court of competent jurisdiction for the foreclosure of a mechanic's, materialman's, contractor's or subcontractor's lien claim, and if Tenant fails to stay the execution of judgment by lawful means or to pay the judgment, County shall have the right, but not the duty to pay or otherwise discharge, stay or prevent the execution of any such judgment or lien or both. Upon any such payment by County, Tenant shall immediately upon receipt of written request therefor by County, reimburse County for all sums paid by County under this paragraph together with all County's reasonable attorney's fees and costs, plus interest at the Interest Rate from the date of payment until the date of reimbursement.
County’s Rights. If at any time Concessionaire should fail either to obtain or to maintain in force the insurance required herein, the COUNTY shall notify Concessionaire of its intention to purchase such insurance for Concessionaire's account; and, if Concessionaire has not delivered evidence of insurance to the Director prior to the date on which the current insurance expires, the COUNTY may effect such insurance by taking out policies in companies satisfactory to the COUNTY. Such insurance shall be in amounts no greater than those stipulated herein or as may be in effect from time-to-time. The amount of the premiums for such insurance obtained by the COUNTY shall be payable by Concessionaire as additional rental immediately upon demand therefor by COUNTY.
County’s Rights. The County reserves the right to:
1. Request clarification of any submitted information
2. Waive any informalities or irregularities in any qualification statement 3. Not enter into any agreement
County’s Rights. In the event the County determines that there has been a material breach by the Agency of any of the terms of the Agreement and such breach remains uncured for forty-eight (48) hours after service on the Agency of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the services provided for in this Agreement, or contract for its completion, and any additional expense or cost of such completion shall be charged to and paid by the Agency . Without limiting the foregoing, upon written notice to the Agency, repeated breaches by the Agency of duties or obligations under this Agreement shall be deemed a material breach of this Agreement justifying termination for cause hereunder without requirement for further opportunity to cure.
County’s Rights a. Subject to the notice provisions of Section 3.12(a) below, County shall have the right to require Grantee to relocate any part of Grantee’s Cable System within the Rights-of-Way when the safety, health or welfare of the public requires such change, and the expense thereof shall be paid by Grantee. Should Grantee fail to remove or relocate any such facilities by the date reasonably established by County, County may effect such removal or relocation, and the expense thereof shall be paid by Grantee, including all costs and expenses incurred by County due to Grantee’s delay. If County requires Grantee to relocate its facilities located within the Rights-of-Way, County shall make a reasonable effort to provide Grantee with an alternate location within the Rights-of-Way. This section does not apply to underground conversions, see Section 3.3 “Use of Existing Poles or Conduits”. If public funds are available to any Person using such Rights-of-Way for the purpose of defraying the cost of any of the foregoing, the County shall upon written request of the Grantee make application for such funds on behalf of the Grantee.
b. Nothing in this Franchise shall be construed to prevent County from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right-of-Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work.
