Common use of Discontinuing Use of Facilities Clause in Contracts

Discontinuing Use of Facilities. Whenever the Grantee intends to permanently discontinue using any Facility within the Streets, the Grantee shall submit for the City's approval a complete description of the Facility and the date on which the Grantee intends to discontinue using the Facility. The Grantee may remove the Facility or request that the City permit it to remain in place. Notwithstanding the Grantee's request that any such Facility remain in place, the City may require the Grantee to remove the Facility from the Streets or modify the Facility as a condition of its remaining in place to protect the public health, welfare, or safety. The Grantee shall complete such removal or modification in accordance with a schedule to be mutually agreed upon but in no event shall Grantee fail to remove said facility within one hundred and eighty (180) days of written demand by the City. Until such time as the Grantee removes or modifies the Facility, or until the rights to and responsibility for the Facility are accepted by another Person having authority to construct and maintain such Facility, the Grantee shall be responsible for all necessary repairs and relocations of the Facility, as well as maintenance of the Streets, in the same manner and degree as if the Facility were in active use, and the Grantee shall retain all liability for such Facility.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

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Discontinuing Use of Facilities. Whenever the Grantee intends to permanently discontinue using any Facility or capacity within the StreetsCity's Rights of Way, the Grantee shall submit for the City's approval of the authorizing City department a complete description of the Facility and the date on which the Grantee intends to discontinue using the FacilityFacility or capacity. The Grantee may remove the Facility or request that the City permit it to remain in place. Notwithstanding the Grantee's request that any such Facility remain in place, the City may require the Grantee to remove the Facility from the Streets City's Right of Way or modify or maintain the Facility as a condition of its remaining in place or capacity to protect the public health, welfare, health and safety or safetyotherwise serve the public interest. The City may require the Grantee to perform a combination of modification, maintenance, and/or removal of the Facility and/or capacity. Grantee shall complete such removal or modification in accordance with a schedule to be mutually agreed upon but in no event shall Grantee fail to remove said facility within one hundred and eighty (180) days of written demand set by the City. Until such time as the Grantee removes or modifies the FacilityFacility as directed by the City, or until the rights to and responsibility for the Facility are accepted by another Person having authority to construct and maintain such Facility, the Grantee shall be responsible for all necessary repairs and relocations of the Facility, as well as maintenance of the StreetsCity's Right of Way, in the same manner and degree as if the Facility were in active use, and the Grantee shall retain all liability for such Facility.

Appears in 2 contracts

Samples: Television Franchise Agreement, Television Franchise Agreement

Discontinuing Use of Facilities. Whenever the Grantee intends to permanently discontinue using any Facility within the StreetsCity's Right of Way, the Grantee shall submit for the City's approval of the authorizing City department a complete description of the Facility and the date on which the Grantee intends to discontinue using the Facility. The Grantee may remove the Facility or request that the City permit it to remain in place. Notwithstanding the Grantee's request that any such Facility remain in place, the City may require the Grantee to remove the Facility from the Streets City's Right of Way or modify or maintain the Facility as a condition of its remaining in place to protect the public health, welfare, health and safety or safetyotherwise serve the public interest. The City may require the Grantee to perform a combination of modification, maintenance, and/or removal of the Facility. Grantee shall complete such removal or modification in accordance with a schedule to be mutually agreed upon but in no event shall Grantee fail to remove said facility within one hundred and eighty (180) days of written demand set by the City. Until such time as the Grantee removes or modifies the FacilityFacility as directed by the City, or until the rights to and responsibility for the Facility are accepted by another Person having authority to construct and maintain such Facility, the Grantee shall be responsible for all necessary repairs and relocations of the Facility, as well as maintenance of the StreetsCity's Right of Way, in the same manner and degree as if the Facility were in active use, and the Grantee shall retain all liability for such Facility.

Appears in 1 contract

Samples: Agreement

Discontinuing Use of Facilities. β€Œ Whenever the Grantee intends to permanently discontinue using any Facility within the StreetsCity's Right of Way, the Grantee shall submit for the City's approval of the authorizing City department a complete description of the Facility and the date on which the Grantee intends to discontinue using the Facility. The Grantee may remove the Facility or request that the City permit it to remain in place. Notwithstanding the Grantee's request that any such Facility remain in place, the City may require the Grantee to remove the Facility from the Streets City's Right of Way or modify or maintain the Facility as a condition of its remaining in place to protect the public health, welfare, health and safety or safetyotherwise serve the public interest. The City may require the Grantee to perform a combination of modification, maintenance, and/or removal of the Facility. Grantee shall complete such removal or modification in accordance with a schedule to be mutually agreed upon but in no event shall Grantee fail to remove said facility within one hundred and eighty (180) days of written demand set by the City. Until such time as the Grantee removes or modifies the FacilityFacility as directed by the City, or until the rights to and responsibility for the Facility are accepted by another Person having authority to construct and maintain such Facility, the Grantee shall be responsible for all necessary repairs and relocations of the Facility, as well as maintenance of the StreetsCity's Right of Way, in the same manner and degree as if the Facility were in active use, and the Grantee shall retain all liability for such Facility.

Appears in 1 contract

Samples: Television Franchise Agreement

Discontinuing Use of Facilities. Whenever the Grantee intends to permanently discontinue using any Facility or capacity within the StreetsCity's Rights of Way, the Grantee shall submit for the CityDirector of Engineering's approval a complete description of the Facility and the date on which the Grantee intends to discontinue using the FacilityFacility or capacity. The Grantee may remove the Facility or request that the City permit it to remain in place. Notwithstanding the Grantee's request that any such Facility remain in place, the City Director of Engineering may require the Grantee to remove the Facility from the Streets City's Right of Way or modify or maintain the Facility as a condition of its remaining in place or capacity to protect the public health, welfare, health and safety or safetyotherwise serve the public interest. The Director of Engineering may require the Grantee to perform a combination of modification, maintenance, and/or removal of the Facility and/or capacity. Grantee shall complete such removal or modification in accordance with a reasonable schedule to be mutually agreed upon but in no event shall Grantee fail to remove said facility within one hundred and eighty (180) days of written demand set by the CityDirector of Engineering. Until such time as the Grantee removes or modifies the FacilityFacility as directed by the Director of Engineering , or until the rights to and responsibility for the Facility are accepted by another Person having authority to construct and maintain such Facility, the Grantee shall be responsible for all necessary repairs and relocations of the Facility, as well as maintenance of the StreetsCity's Right of Way, in the same manner and degree as if the Facility were in active use, and the Grantee shall retain all liability for such Facility.

Appears in 1 contract

Samples: Franchise Agreement

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Discontinuing Use of Facilities. Whenever the Grantee intends to permanently discontinue using any Facility or capacity within the StreetsCity's Rights of Way, the Grantee shall submit for the CityDirector of Engineering's approval a complete description of the Facility and the date on which the Grantee intends to discontinue using the FacilityFacility or capacity. The Grantee may remove the Facility or request that the City permit it to remain in place. Notwithstanding the Grantee's request that any such Facility remain in place, the City Director of Engineering may require the Grantee to remove the Facility from the Streets City's Right of Way or modify or maintain the Facility as a condition of its remaining in place or capacity to protect the public health, welfare, health and safety or safetyotherwise serve the public interest. The Director of Engineering may require the Grantee to perform a combination of modification, maintenance, and/or removal of the Facility and/or capacity. Grantee shall complete such removal or modification in accordance with a schedule to be mutually agreed upon but in no event shall Grantee fail to remove said facility within one hundred and eighty (180) days of written demand set by the CityDirector of Engineering. Until such time as the Grantee removes or modifies the FacilityFacility as directed by the Director of Engineering, or until the rights to and responsibility for the Facility are accepted by another Person having authority to construct and maintain such Facility, the Grantee shall be responsible for all necessary repairs and relocations of the Facility, as well as maintenance of the StreetsCity's Right of Way, in the same manner and degree as if the Facility were in active use, and the Grantee shall retain all liability for such Facility.

Appears in 1 contract

Samples: Seattle Tci Franchise Agreement

Discontinuing Use of Facilities. Whenever the Grantee intends to permanently discontinue using any Facility within the StreetsCity's Rights-of-Way exclusively for the provision of Cable Service, the Grantee shall submit for the City's approval of the authorizing City department a complete description of the Facility and the date on which the Grantee intends to discontinue using the Facility. The Grantee may remove the Facility or request that the City permit it to remain in place. Notwithstanding the Grantee's request that any such Facility remain in place, the City may require the Grantee to remove the Facility from the Streets City's Right-of-Way or modify or maintain the Facility as a condition of its remaining in place to protect the public health, welfare, health and safety or safetyotherwise serve the public interest. The City may require the Grantee to perform a combination of modification, maintenance, and/or removal of the Facility. Grantee shall complete such removal or modification in accordance with a schedule to be mutually agreed upon but in no event shall Grantee fail to remove said facility within one hundred and eighty (180) days of written demand set by the City. Until such time as the Grantee removes or modifies the FacilityFacility as directed by the City, or until the rights to and responsibility for the Facility are accepted by another Person having authority to construct and maintain such Facility, the Grantee shall be responsible for for, all necessary repairs and relocations of the Facility, as well as maintenance of the StreetsCity's Right-of-Way, in the same manner and degree as if the Facility were in active use, and the Grantee shall retain all liability for such Facility.

Appears in 1 contract

Samples: Television Franchise Agreement

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