Covenants of the Licensee. The Licensee covenants as of the date hereof as follows:
Covenants of the Licensee. The Licensee hereby covenants and warrants to the City, as follows:
a. To install and maintain its tower and telecommunications equipment at the Licensee’s sole cost and expense for the duration of the License Agreement.
b. To employ persons who are qualified to perform the installation and maintenance work and who are trained in appropriate safety procedures for the installations and maintenance work in the City’s right-of-way.
c. To cause said persons installing and maintaining Licensee’s tower and telecommunications equipment to use “Best Practices” in all work related to the installation and maintenance of the equipment.
d. To cause said persons installing and maintaining Licensee’s equipment to use bucket trucks to access the tower and to use at all times industry standard safety gear, including fall restraints and other safety equipment for such installation and maintenance work.
e. To procure and maintain at all times this License Agreement is in effect, general liability insurance for Licensee’s tower and telecommunications equipment and installation and maintenance operations, with the City of Xxxxxxxx named as an additional insured party, in the amount of $1,000,000.00 for each occurrence, $1,000,000.00 of coverage for personal injury and $2,000,000.00 general aggregate coverage and $300,000.00 coverage for damage to City property.
f. To allow only authorized representatives of Licensee to access the tower for installation or maintenance work. For the purposes of this provision, “authorized representatives of Licensee” shall mean persons covered by Licensee’s general liability insurance policy in effect during the term of this License.
g. To notify the City Engineer in person or by telephone at least 24 hours in advance of any installation or maintenance work on the tower.
h. To obtain a temporary use of right-of-way permit from the City Clerk’s office prior to any installation or maintenance work in the right-of-way.
i. To refrain from causing any waste, damage, or injury to the right-of-way and any part of the tower and telecommunications equipment.
j. To refrain from causing any waste, damage, or injury to the luminaries’ fixtures.
k. All earth, materials, sidewalks, paving, crossings, utilities, light poles public improvements or improvements of any kind injured, damaged or removed by the Licensee in its activities under this License Agreement shall be fully repaired or replaced within a reasonable time by the Licensee at its sole expense and...
Covenants of the Licensee. The Licensee covenants and agrees with the Licensor that the Licensee will:
5.1 Pay the Fees and Charges;
5.2 Allow the Licensor to attach the Licensor’s Equipment to the Works, for the sole purpose of carrying out the Licensor’s Services. Such attachment will be free of charge;
5.3 Use and occupy the Licence Area only to provide the Licensee’s Services, and any other purposes incidental thereto, and only in accordance with the terms and conditions contained in this Agreement;
Covenants of the Licensee. As a material inducement to the Township to grant this License, the Licensee covenants the following:
a. That the Township shall not be liable for any loss, exchange, or theft of or damage to the personal property of Licensee, its invitees, agents, businesses, or guests; including the rental of a tent by the Licensee and any loss, theft of or damage to the tent and/or the contents of the tent.
b. To pay to the Township, on demand, any sum which may be due the Township for additional service, accommodations, or material furnished or loaned by the Township or used by Licensee;
c. To be responsible for all damage to the Premises resulting from its use under this License; to pay to the Township upon demand such sum as shall be necessary to restore the Premises to its present condition if the Premises is damaged as a result of use under this Agreement; and to surrender the Premises at the end of the term of this License in the same condition as it was when the License term commenced; and
d. To comply with all laws of the United States, the State of Ohio, and Xxxxxx County, and also to comply with all resolutions, rules, policies, regulations, and requirements of the Township.
Covenants of the Licensee. 6.1 The Licensee acknowledges that ownership of the Intellectual Property or any part thereof is and remains the property of the Licensor and that the Intellectual Property must only be used or dealt with by the Licensee as provided in this Agreement.
6.2 The Licensee agrees that it must:
(a) give prominence to the Trade Marks and Brand Names used by the Licensor in connection with the Programme in all displays and catalogues and other promotional material referring to the Programme undertaken or published by the Licensee;
(b) not disclose any of the Confidential Information to any third parties except employees of the Licensee who require the Confidential Information to use, reproduce, implement, market or distribute the Programme. In that event, the Confidential Information is disclosed on the basis that the employees agree to preserve the confidentiality of the Confidential Information;
(c) comply with all reasonable directions of the Licensor as to quality control of the Programme including each direction set out in Schedule 2;
(d) not hold itself out or engage in any conduct or make any representation which may suggest to any person that the Licensee is for any purposes the agent of the Licensor.
(e) not submit the Intellectual Property, or any part thereof, to a third party for the dominant purpose of receiving an accreditation, award, prize or recognition without the prior written consent of the Licensor.
Covenants of the Licensee. In exchange for this License, in addition to giving good and valuable consideration, the Licensee hereby covenants and warrants as follows:
(a) To maintain the Pipe at the Licensee’s sole cost and expense for the duration of the License Agreement.
(b) To move or remove the Pipe, at the Licensee’s sole cost and expense, upon the City's request, if the City determines the Pipe needs to be moved or removed related to the installation, repair, maintenance, or expansion of any streets or utilities located, or to be located in, on, under, or through the City's Right of Way, or if the Licensee fails to properly maintain the Pipe. The Licensee shall bear all costs associated with moving or removing the Pipe and Licensee hereby agrees that the City shall have no duty to replace the Pipe. If the Pipe has not been removed from the City's Right of Way within thirty days after the City’s request, the City may have the Pipe removed and the cost for removal shall be assessed to the Licensee.
(c) To comply with all applicable laws and ordinances including all land use requirements and building standards of the City and, as applicable, Douglas County, Kansas.
(d) To refrain from causing any waste, damage, or injury to the City’s Right of Way.
(e) The Licensee shall not have any right to enlarge, intensify, or increase the proposed scope of its use or occupancy of the City's Right of Way as described in this License Agreement without the prior written consent of the City.
Covenants of the Licensee. (a) The Licensee shall ensure that the installation, operation and maintenance of the Equipment complies with all applicable federal and provincial laws and regulations.
(b) The Licensee shall provide and pay for the costs of electricity consumption attributable to the operation of the Equipment at the Site by having installed a separately metered electrical service. In the event that this is not possible due to the remote location of the Site, the Licensor shall authorize the installation of a check meter (at the sole cost of the Licensee) and the costs of electricity consumption shall be added to and be payable as part of the Fees. It shall be the sole responsibility of the Licensor to read the check meter, if installed, and provide invoices for payment. The Licensor shall provide such documentation as the Licensee may reasonably request from time to time in support of such invoices.
(c) The Licensee shall maintain during the Term public liability and property damage insurance coverage in an amount not less than five million ($5,000,000) dollars.
(d) The Licensee shall remove the Equipment from the Site within ninety (90) days after the expiration or earlier termination of this Agreement and restore the Site to its original condition, allowing for reasonable wear and tear.
Covenants of the Licensee. The Licensee covenants with the Regional District as follows:
Covenants of the Licensee. 2.3.1 Licensee agrees to use the Trademarks only in a manner approved by Licensor and Licensor shall provide guidelines on their use, including their presentation, size and style, in another document. Unless Licensor otherwise agrees in writing, each use of either of the Trademarks shall be immediately followed by (i) the symbol "(TM)" or, (ii) if the Trademark is registered in the country in which the Articles are to be sold, the symbol (R) or equivalent.
2.3.2 Licensee agrees that it will use the Trademarks only in connection with the Articles and will not use the Trademarks, including use in countries outside of the United States and Canada, in any manner except as permitted by this Agreement. Licensee expressly recognizes that the use of the Trademarks confers no rights to the Trademarks to Licensee and that all use by Licensee shall inure to the benefit of Licensor. Licensee shall not take any action that would be inconsistent with, or tend to impair, Licensor's rights in the Trademarks.
2.3.3 Licensee agrees not to contest, question or challenge the ownership of the Trademarks by Licensor anywhere in the world, except the right to use same pursuant to the terms of this Agreement.
Covenants of the Licensee. The Licensee, its Affiliates and Sublicensees shall not, directly or indirectly (including where such is done by a Third Party on behalf of the Licensee, its Affiliates or Sublicensees, at the urging of the Licensee, its Affiliates or Sublicensees or with the assistance of the Licensee, its Affiliates and/or Sublicensee) bring an action to challenge the enforceability or validity of any Licensed Patent or other Licensed Technology.
