Facility Removal Sample Clauses

Facility Removal. After the termination, expiration, or forfeiture of this License, Licensee shall, at the City's request, remove its Facilities at its own cost, and restore the Public Way as provided in Section 5 of this Telecommunications License.
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Facility Removal. A. In the event of the existence of one or more of the following, the Company consents and agrees that the City or its duly authorized agent may remove the Facility, or any portion thereof, and charge all costs and expenses incurred in such removal, disposal, and restoration to the Company: (1) An emergency that presents imminent peril to person or property. (2) Non-compliance with any term, provision, or covenant in this Agreement that is not cured within the time period provided herein following notice of such non-compliance tendered to the Company. (3) The Director or other responsible City official, in good faith, deems the procedure in Paragraph 7 impracticable under the circumstances present. (4) Termination of this Agreement for any reason. (5) Abandonment of the Facility’s use in accordance with the provisions in Paragraph 8 of this Agreement. (6) Expiration of this Agreement in the absence of any renewal thereof. B. If the Contractor fails in any way to make timely payment to the City for such costs and expenses, the Contractor agrees to pay, in addition to any amount so owed, actual attorneys’ fees and court costs incurred in the collection of such amount.
Sample 1Sample 2See All (5)
Facility Removal. In the event of an emergency, defined as imminent peril to person or property, or when the Company has inadequately complied with an order of the Director pursuant to this Agreement, or at any other time the Director or other responsible City official in good xxxxx xxxxx the procedures of Paragraph 4 impracticable under the circumstances present, the Company consents and agrees that the City or its duly authorized agent may remove the facility, or any portion thereof, and charge all costs and expenses incurred in such removal, disposal, and restoration to the Company. Should the Company fail in any way to make timely payment to the City for such costs and expenses, the Company agrees to pay, in addition to any amount so owed, reasonable attorneys’ fees and court costs incurred in the collection of such amount.
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Facility Removal. Upon termination of this Agreement for any reason, LICENSEE, at the request of Licensor, shall remove at LICENSEE’ expense, all cable facilities from Licensor’s poles and conduits. The maximum time limit for LICENSEE to remove its facilities from Licensor facilities shall be two years.
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Facility Removal a. At any time during the period of this contract, the Government will remove a facility from the QFL if any of the following apply: (1) The facility is currently closed. (2) The facility is a significant non-complier exhibiting RCRA Class 1 violations and has not entered into a compliance schedule or similar action. (3) The facility received an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days from the time of issued order or judicial action. (4) The facility has a history of noncompliance (including, but not limited to, Final Governing Standards (FGS) non-conformance, RCRA class I and II violations, OSHA violations, state and local violations, etc.) or exhibits a lack of "good faith" in correcting violations. A "good faith" effort is promptly signing a consent agreement with the regulatory authorities and performing in compliance with the agreement for at least six months. Repeated violations is a lack of "good faith". (5) The facility has groundwater contamination or does not meet groundwater anti- degradation policy. (6) The facility does not have adequate permits or is not capable of handling the proposed waste. (7) The facility received a negative recommendation resulting from a DLA Disposition Services site visit without substantive evidence of corrected deficiencies. (8) The facility transports DOD waste to a facility not on the QFL. (9) The facility's financial assurance is not sufficient to protect the Government's long- term interests. (10) The facility is unable to demonstrate tracking of DOD waste from entry to exit. (11) The facility manages property in a manner that causes the Generator to file exception reports IAW 40 CFR 262.42 or state equivalent. (12) The facility has not received DOD wastes under a DLA Disposition Services hazardous waste disposal contract for a period of twelve (12) consecutive months. (13) The facility operates in a manner that is not IAW this contract. (14) The facility does not have or does not enforce 24-hour security measures. (15) The facility does not allow access for a DLA Disposition Services site visit.
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Facility Removal. If Provider is required to remove a Facility in connection with Sections 2.05 (Remarketing), 2.07 (Relocation), 7.02 (Facility Termination Event Remedies), 8.01(d) (Owner Termination), or otherwise, then Provider will: (a) remove the Facility from the Site; (b) restore the Site to the condition required by the Project Documents; and (c) close all utility connections and properly seal all Site penetrations. Facility removals pursuant to Sections 7.02 (Facility Termination Event Remedies) and 8.01(d) are provide as part of the Services. Facility removals pursuant to Sections 2.05 (Remarketing) and 2.07 (Relocation) are excluded from the Services.
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Facility Removal. If a Facility is to be removed by Contractor under this EPC, then Contractor will: (a) remove the Facility from the Site (not including the concrete pad or bollards unless required under the applicable Project Documents); and (b) restore such Site to the condition required under the applicable Project Documents, including closing all utility connections and properly sealing all Site penetrations.
Sample 1
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Facility Removal. Within one hundred and twenty (120) days after the end of the Term or upon the earlier termination of this Lease for whatever cause, Tenant shall at its sole cost and expense remove and dispose of the Building and all Fixtures, including but not limited to any fuel storage tanks, pipes, hydrants, values and other appurtenances, and any and all fuel products therein, and shall cap any and all underground utilities. Tenant shall return the Premises to the condition existing as of the date of this Lease, including restoring any subgrade and/or pavement and curb cuts disturbed or altered by Tenant during or in connection with the construction and/or operation of the Facility. In addition, Tenant shall, within said 120-day period, prepare a scope of work for and conduct a subsurface investigation of the Premises to characterize soil, particularly in the areas of fuel islands, storage tanks and associated piping and hydrants. Tenant shall obtain Landlord’s written approval of said scope of work before commencing said subsurface investigation. Tenant shall be responsible for remediation, including removal and disposal of any and all soils above the Existing Contamination, as defined in Section 9.2 hereof, subject to Landlord’s prior written approval of any such remediation. Said remediation shall be conducted in accordance with the requirements of M.G.L. Ch. 21E and the regulations promulgated thereunder (the “MCP”). Tenant shall be deemed to have fully satisfied its removal and restoration obligations hereunder upon receipt of a certification from Landlord stating that Landlord is fully satisfied with said removal and restoration. Landlord shall be obligated to return the Escrow Amount (as defined in Section 4.13) upon delivery of said certification. Notwithstanding the foregoing, Landlord shall have the right to waive the obligation to remove the Facility and may, upon notice given at least one hundred and twenty (120) days prior to the end of the Term, require Tenant to leave said Facility in place upon termination of this Lease.
Sample 1

Related to Facility Removal

  • Snow Removal The plowing of snow from all roadways and unobstructed parking areas shall be the sole responsibility of LESSOR, the expense of which shall be included in Operating Costs. The control of snow and ice on all walkways, steps, and loading areas serving the leased premises and all other areas not readily accessible to plows unless they serve multiple tenants shall be the sole responsibility of LESSEE. Notwithstanding the foregoing, however, LESSEE shall hold LESSOR harmless from any and all claims by LESSEE's agents, representatives, employees, callers or invitees for damage or personal injury resulting in any way from snow or ice on any area serving the leased premises.

  • Legend Removal Certificates evidencing the Underlying Shares shall not contain any legend (“Unlegended Shares”) (including the legend set forth in Section 4.1(b) hereof): (i) while a registration statement covering the resale of such security is effective under the Securities Act, (ii) following any sale of such Underlying Shares pursuant to Rule 144, (iii) if such Underlying Shares are eligible for sale under Rule 144, without the requirement for the Company to be in compliance with the current public information required under Rule 144 as to such Underlying Shares and without volume or manner-of-sale restrictions or (iv) if such legend is not required under applicable requirements of the Securities Act (including judicial interpretations and pronouncements issued by the staff of the Commission). The Company shall cause its counsel to issue a legal opinion to the Transfer Agent during the time any of the aforedescribed conditions apply, to effect the removal of the legend hereunder. If all or any Notes are converted or any portion of a Warrant is exercised at a time when there is an effective registration statement to cover the resale of the corresponding Underlying Shares, or if such Underlying Shares may be sold under Rule 144 or if such legend is not otherwise required under applicable requirements of the Securities Act (including judicial interpretations and pronouncements issued by the staff of the Commission) then such Underlying Shares shall be issued free of all legends. The Company agrees that following such time as such legend is no longer required under this Section 4.1(d), it will, no later than five Trading Days following the delivery by the Purchaser to the Company or the Transfer Agent of a certificate representing Underlying Shares, as applicable, issued with a restrictive legend (such fifth Trading Day, the “Legend Removal Date”), deliver or cause to be delivered to such Purchaser a certificate representing such shares that is free from all restrictive and other legends (however, the Corporation shall use reasonable best efforts to deliver such shares within three (3) Trading Days). The Company may not make any notation on its records or give instructions to the Transfer Agent that enlarge the restrictions on transfer set forth in this Section 4.1. Certificates for Underlying Shares subject to legend removal hereunder shall be transmitted by the Transfer Agent to the Purchaser by crediting the account of the Purchaser’s prime broker with the Depository Trust Company System as directed by such Purchaser.

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