Common use of Effect of Failure to Exercise Access Rights Clause in Contracts

Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension thereof, the Utility may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Licensees. In such instances, the Utility shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions.

Appears in 2 contracts

Samples: Pole Attachment License Agreement, Pole Attachment License Agreement

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Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension thereof, the Utility District may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Licensees. In such instances, the Utility District shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions.

Appears in 2 contracts

Samples: Pole Attachment License Agreement, Pole Attachment License Agreement

Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension thereof, the Utility District may use the space scheduled for Licensee’s Attachment(s) for its own needs or other LicenseesAttaching Entities. In such instances, the Utility District shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions.

Appears in 2 contracts

Samples: Pole Attachment License Agreement, Pole Attachment License Agreement

Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety three hundred and sixty-five (90365) calendar days of the effective date of such right and any extension thereof, the Utility City may use the space scheduled for Licensee’s Attachment(s) for its own needs or other LicenseesAttaching Entities. In such instances, the Utility shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements For purposes of this AgreementParagraph, including the Licensee’s access rights shall not be deemed effective until any necessary Make-Ready Work provisionshas been performed.

Appears in 1 contract

Samples: apps.troymi.gov

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Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) a Permit within ninety (90) calendar days of the effective date of such right and any extension thereof, the Utility may use the space scheduled for Licensee’s Attachment(s) for Attachment. Utility shall grant an extension where Licensee demonstrates that events beyond its own needs or other Licenseescontrol prevented Licensee from exercising any such access right. In such instances, the Utility shall endeavor to make other space available to Licensee, upon written application per Article 6request, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisionspossible.

Appears in 1 contract

Samples: Licensing Agreement

Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) 90 calendar days of the effective date of such right and any extension thereof, the Utility District may use the space scheduled for Licensee’s Attachment(s) for its own needs or other LicenseesAttaching Entities. In such instances, the Utility District shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Make‐Ready Work provisions.

Appears in 1 contract

Samples: Pole Attachment License Agreement

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