Facility Relocation. The Charter School’s relocation to different Facilities shall constitute a material amendment of this Agreement and shall not occur without School Board approval, which shall not be unreasonably withheld, conditioned, or delayed, subject to the submission of the following by the Charter School:
1. Written notification to the School Board;
2. Submission to the School Board of a Certificate of Occupancy for the new Facilities at least thirty (30) calendar days prior to the first day of occupancy;
3. Evidence that the Facilities meet applicable health, safety and fire code requirements; and
4. Evidence that the Facilities are of sufficient size to safely house the anticipated enrollment.
Facility Relocation. Carrier shall be given an opportunity to relocate its facility within WisDOT right-of-way if a highway project or other WisDOT-approved use conflicts with its location. In keeping with WisDOT’s policy on compensable and non-compensable utility facility moves, WisDOT shall not compensate Carrier to move its facility located within the right-of-way as part of a highway project. If it is necessary to maintain uninterrupted service, Carrier shall be allowed to temporarily locate to another area of WisDOT right-of-way at a mutually acceptable location for up to 180 days during the relocation of its facilities to another permanent site
Facility Relocation. The Charter School’s relocation to different Facilities shall constitute a material change in the Charter and shall not occur without School Board approval and shall be subject to the following conditions:
1. Written Notification to the School Board;
2. Submission to the School Board of a Certificate of Occupancy for the new Facilities at least thirty (30) calendar days prior to the first day of occupancy;
3. Evidence that the Facilities meet applicable health, safety and fire code Requirements;
4. Evidence that the Facilities are of sufficient size to safely house the anticipated Enrollment; and
5. Approval by the School Board.
Facility Relocation. The Borrowers have given notice to the Lender of the Borrowers intended Facility Relocation and that the lease agreement for their chief executive office located at 000/000 Xxxx Xxxxxxxxxx Xxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx has been effectively terminated.
Facility Relocation. Carrier shall be given an opportunity to relocate its facility within WisDOT right-of-way if a highway project or other WisDOT-approved use conflicts with its location. In keeping with WisDOT’s policy on compensable and non-compensable utility facility moves, WisDOT shall not compensate Carrier to move its facility within its right-of-way as part of a highway project. However, Carrier shall be reimbursed on a proportional basis when WisDOT has an IRU for Carrier’s facility. For example, if WisDOT has an IRU for 36 fibers and Carrier has 288 for its own use, then WisDOT will pay 36/324 or approximately 11% of the relocation costs. If it is necessary to maintain uninterrupted service, Carrier shall be allowed to temporarily locate in WisDOT right-of-way at a mutually acceptable location for up to 180 days during the relocation of its facilities to another permanent site.
Facility Relocation. 9.1 The County shall promptly remove, relocate or adjust any facilities located in private easement or in right-of-way if facilities pre-dated the existence of the right-of-way, as directed by the City, for a public improvement, at City expense, by moving such facilities to areas within the expanded right-of-way or within remaining private easements or remaining portions of such easements not condemned by nor disclaimed to the City to avoid conflict with City construction and improvements. The County shall disclaim those parts of its easements which lie within the expanded right-of-way. Should the City, in the future, elect to require the County to again relocate its facilities to other areas within the expanded right-of-way, the cost of any such future relocation shall be borne by the City.
9.2 Unless the County facilities predate the existence of the right-of-way, the County shall promptly remove, relocate or adjust any facilities located in the right-of-way as directed by the City for a public improvement or when reasonably required by the City by reason of public safety. Such removal, relocation, or adjustment shall be performed by the County and the cost of the same shall be allocated as follows:
9.2.1 For any CARS funded project, the City and the County shall share 50-50% in the cost of relocation of County facilities, including the cost of design.
9.2.2 For any SMAC funded project, the City and the County shall share 25% (City) -75% (County) in the cost of relocation of County facilities.
9.2.3 When relocation is necessary for non-SMAC and non-CARS funded projects being constructed on property annexed by the City after 1995, as well as property annexed in the future, the City and the County will share the cost of the relocation of County facilities on a 50-50% basis.
9.2.4 For projects constructed on pre-1996 annexed property that does not utilize CARS and SMAC funding, the County will pay 100% of the cost of relocation of its facilities. A flow chart graphically depicting the allocations set forth above, is attached hereto, as Exhibit A, and is incorporated herein by reference. Relocations shall be specifically subject to rules, regulations and schedules of the City. The County shall proceed with relocations with due diligence upon notice from the City.
9.3 The parties acknowledge that prior to entering into this Agreement, the City routinely included in the project the relocation of County facilities whenever undertaking a public improvement. In t...
Facility Relocation. The Parties shall use the Change Control Procedures to add, change or delete Facilities (each, a “Facility Relocation”), provided, however, that Customer may withhold CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. its consent, in its sole discretion, (i) to any Facility Relocation involving a Data Center (or any physical assets within the Data Center or any Services provided via operation of those physical assets); (ii) as set forth in paragraph (e) above with respect to storage or Processing of Personally Identifiable Information. In connection with any proposed Facility Relocation or Service Relocation, Provider shall address in writing to Customer the impact of any such move on Customer (including cost and timing of any such move and any potential impact of such move on the Disaster Recovery Services).
Facility Relocation. If a highway project or other Agency use conflicts with the placement of the Company's facilities installed hereunder, the Company shall be given an opportunity to relocate its facility at the Company's expense. The Relocation Assistance Act covered under Chapter 28 of the Agency Rules and Regulations does not apply.
Facility Relocation. If a highway project or other MDT use conflicts with the placement of the Facility Owner’s Eligible Project installed under this Non-Exclusive Lease, any relocation of the Eligible Project occupying MDT’s Interstate right-of-way is subject to relocation and cost requirements set forth in Mont. Code Xxx. §60-4- 403.
Facility Relocation. The Parties shall use the Change Control Procedures to add, change or delete Facilities (each, a “Facility Relocation”), provided, however, that Customer may withhold its consent, in its sole discretion, (i) to any Facility Relocation involving a Data Center (or any physical assets within the Data Center or any Services provided via operation of those physical assets); (ii) as set forth in paragraph (e) above with respect to storage or Processing of Personally Identifiable Information. In connection with any proposed Facility Relocation or Service Relocation, Provider shall address in writing to Customer the impact of any such move on Customer (including cost and timing of any such move and any potential impact of such move on the Disaster Recovery Services).
