Common use of Facility Removal Clause in Contracts

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.

Appears in 2 contracts

Samples: License Agreement, Right of Way Agreement

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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) A. An emergency that presents imminent peril to person or property. (2) B. 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-non- compliance tendered to the Company. (3) C. The Director or other responsible City official, in good faith, deems the procedure in Paragraph 7 6 impracticable under the circumstances present. (4) D. Termination of this Agreement for any reason. (5) E. Abandonment of the Facility’s use in accordance with the provisions in Paragraph 8 7 of this Agreement. (6) F. 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.

Appears in 1 contract

Samples: Agreement for Use of Right of Way

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) A. An emergency that presents imminent peril to person or property. (2) B. 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-non- compliance tendered to the Company. (3) C. The Director or other responsible City official, in good faith, deems the procedure in Paragraph 7 8 impracticable under the circumstances present. (4) D. Termination of this Agreement for any reason. (5) E. Abandonment of the Facility’s use in accordance with the provisions in Paragraph 8 9 of this Agreement. (6) F. Expiration of this Agreement in the absence of any renewal thereof. B. If . Should the Contractor fails fail 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.

Appears in 1 contract

Samples: License Agreement

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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) A. An emergency that presents imminent peril to person or property. (2) B. 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-non- compliance tendered to the Company. (3) C. The Director or other responsible City official, in good faith, deems the procedure in Paragraph 7 impracticable under the circumstances present. (4) D. Termination of this Agreement for any reason. (5) E. Abandonment of the Facility’s use in accordance with the provisions in Paragraph 8 of this Agreement. (6) F. Expiration of this Agreement in the absence of any renewal thereof. B. If . Should the Contractor fails fail 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.

Appears in 1 contract

Samples: Agreement for Use of Right of Way

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