Facility Sharing Clause Samples

Facility Sharing. (a) The Landlord wishes to promote and encourage the sharing of communications facilities. Therefore, all improvements constructed by the Tenant on the Premises shall be of sufficient load-bearing capacities, sufficient signal, and sufficient size so as to accommodate the use of the tower by entities specified by the Tenant and licensed operators operating communications facilities substantially similar to those of the Tenant on the Premises. In determining the sufficiency of said capacities, signal, and size, the Tenant may assume that other “licensed operators” will require the load-bearing capacities, size, and signal that are average for such operators on similar towers that are in existence on the date that the Tenant completes construction of the tower on the Premises. (b) If, during the term of this Lease, Tenant unreasonably refuses to enter into an agreement with a “licensed” willing and able person, firm, or corporation, by which Tenant would act as sublessor or licensor to sublease or license the right to construct and operate communications facilities on the tower on the Premises, Tenant shall pay Landlord as follows: an amount equal to the greater of five percent (5%) of (i) the gross monetary rent that the proposed agreement would have provided to the Tenant (or from any said sublessee or licensee of the Tenant by reason of the sublease or license) plus the fair market value of the nonmonetary consideration, or (ii) the gross annual fair market rent or consideration that Tenant could have received for the sublease or license. For purposes hereof, fair market rent shall be the average rent being paid for similar leased or subleased space on similar towers located in the Raleigh / Durham / Research Triangle area for a similar use as that intended by such prospective subtenant. Making such a payment to Landlord will suspend, for a twelve month period following the date of the unreasonable refusal, Tenant’s obligation to enter into agreements to sublease or license rights on the tower with respect to the portion of the Premises that the proposed lease or license should have occupied. Following the expiration of the twelve month period, Tenant’s obligation under this Section 2(b) shall resume with respect to said portion of the Premises. Tenant’s refusal to enter into any sublease will not be unreasonable for purposes of this section, if Tenant determines (and is able to document the basis for such determination) that: (i) the prospective subtenan...
View SourceView Similar (2)
Facility Sharing. 1. Each Party shall be able, taking into account the principle of proportionality, to impose on any major supplier having the right to install facilities on, over or under public or private property, the sharing of such facilities or prop­ erty, including buildings, entries to buildings, building wiring, masts, antennae, towers and other supporting construc­ tions, poles, ducts, conduits, manholes and cabinets. 2. Each Party may determine in accordance with its domestic law the facilities to which it requires major suppliers in its territory to provide access under paragraph 1, on the basis that such facilities cannot feasibly be economically or technically substituted in order to provide a competing service.
View SourceView Similar (2)
Facility Sharing the SHERIFF’S OFFICE will share and allow use of its RANGE to the LAW ENFORCEMENT AGENCY for use in training related to law enforcement purposes under the following terms and conditions outlined below.
View Source
Facility Sharing. The intent of the program is for teams to share practices between each city equally. Each team will be allocated a diamond once a week from each association with the preference being Tuesday, Wednesday or Thursday. Diamond scheduling for BGCP teams is to be done collaboratively through each association to ensure proper availability for their house programs. Between each Association through collaboration each BGCP team will be provided at a minimum 1 batting cage session per week. Indoor facility bookings for seasonal training, camps etc for BGCP purposes will be done through the host association using funds from the BGCP account and booking ability and availability. Booking of either association owned/run facilities will follow the association’s policy to book times and or rent those facilities For the 2021 season, each association will initially pay for the diamond usage costs charged to them by their respective city with those costs incurred by LBA to be reimbursed from BMBA through the collection of registration fees. This procedure to be re-evaluated for the 2022 season based on the situation for that season.
View Source
Facility Sharing. (a) The Energy Manager may be used at all Facilities that are eligible under Section 1(a) of this Schedule “C”.
View Source
Facility Sharing 
View SourceView Similar (3)

Related to Facility Sharing

  • Line Sharing 4.1 ‘Line Sharing’ is an arrangement by which Verizon facilitates ICG’s provision of ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), Multiple Virtual Line (MVL (a proprietary technology)), or any other xDSL technology that is presumed to be acceptable for shared line deployment in accordance with FCC rules, to a particular Customer location over an existing copper Loop that is being used simultaneously by Verizon to provide analog circuit-switched voice grade service to that Customer by making available to ICG, solely for ICG’s own use, the frequency range above the voice band on the same copper Loop required by ICG to provide such services. This Section 4 addresses Line Sharing over loops that are entirely copper loops. 4.2 In accordance with, but only to the extent required by Applicable Law, Verizon shall provide Line Sharing to ICG for ICG’s provision of ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), MVL (a proprietary technology), or any other xDSL technology that is presumed to be acceptable for shared line deployment in accordance with FCC rules, on the terms and conditions set forth herein. In order for a Loop to be eligible for Line Sharing, the following conditions must be satisfied for the duration of the Line Sharing arrangement: (i) the Loop must consist of a copper loop compatible with an xDSL service that is presumed to be acceptable for shared-line deployment in accordance with FCC rules; (ii) Verizon must be providing simultaneous circuit-switched analog voice grade service to the Customer served by the Loop in question; (iii) the Verizon Customer’s dial tone must originate from a Verizon End Office Switch in the Wire Center where the Line Sharing arrangement is being requested; and (iv) the xDSL technology to be deployed by ICG on that Loop must not significantly degrade the performance of other services provided on that Loop. 4.3 Verizon shall make Line Sharing available to ICG at the rates set forth in the Pricing Attachment. In addition to the recurring and nonrecurring charges shown in the Pricing Attachment for Line Sharing itself, the following rates shown in the Pricing Attachment and in Verizon ’s applicable Tariffs are among those that may apply to a Line Sharing arrangement: (i) prequalification charges to determine whether a Loop is xDSL compatible (i.e., compatible with an xDSL service that is presumed to be acceptable for shared-line deployment in accordance with FCC rules); (ii) engineering query charges, engineering work order charges, or Loop conditioning (Digital Designed Loop) charges; (iii) charges associated with Collocation activities requested by ICG; and (iv) misdirected dispatch charges, charges for installation or repair, manual intervention surcharges, trouble isolation charges, and pair swap/line and station transfer charges. 4.4 The following ordering procedures shall apply to Line Sharing: 4.4.1 To determine whether a Loop qualifies for Line Sharing, the Loop must first be prequalified to determine if it is xDSL compatible. ICG must utilize the mechanized or manual Loop qualification processes described in the terms applicable to xDSL and Digital Designed Loops to make this determination. 4.4.2 ICG shall place orders for Line Sharing by delivering to Verizon a valid electronic transmittal service order or other mutually agreed upon type of service order. Such service order shall be provided in accordance with industry format and specifications or such format and specifications as may be agreed to by the Parties. 4.4.3 If the Loop is prequalified by ICG through the Loop prequalification database, and if a positive response is received and followed by receipt of ICG’s valid, accurate and pre-qualified service order for Line Sharing, Verizon will return an LSR confirmation within twenty-four

  • Ratable Sharing Lenders hereby agree among themselves that, except as otherwise provided in the Collateral Documents with respect to amounts realized from the exercise of rights with respect to Liens on the Collateral, if any of them shall, whether by voluntary payment (other than a voluntary prepayment of Loans made and applied in accordance with the terms hereof), through the exercise of any right of set-off, consolidation or banker’s lien, by counterclaim or cross action or by the enforcement of any right under the Credit Documents or otherwise, or as adequate protection of a deposit treated as cash collateral under any Insolvency Laws, receive payment or reduction of a proportion of the aggregate amount of principal, interest, amounts payable in respect of Letters of Credit, fees and other amounts then due and owing to such Lender hereunder or under the other Credit Documents (collectively, the “Aggregate Amounts Due” to such Lender) which is greater than the proportion received by any other Lender in respect of the Aggregate Amounts Due to such other Lender, then the Lender receiving such proportionately greater payment shall (a) notify Administrative Agent and each other Lender of the receipt of such payment and (b) apply a portion of such payment to purchase participations (which it shall be deemed to have purchased from each seller of a participation simultaneously upon the receipt by such seller of its portion of such payment) in the Aggregate Amounts Due to the other Lenders so that all such recoveries of Aggregate Amounts Due shall be shared by all Lenders in proportion to the Aggregate Amounts Due to them; provided that, if all or part of such proportionately greater payment received by such purchasing Lender is thereafter recovered from such Lender upon the bankruptcy or reorganization of Borrower or otherwise, those purchases shall be rescinded and the purchase prices paid for such participations shall be returned to such purchasing Lender ratably to the extent of such recovery, but without interest. Borrower expressly consents to the foregoing arrangement and agrees that any holder of a participation so purchased may exercise any and all rights of banker’s lien, consolidation, set-off or counterclaim with respect to any and all monies owing by Borrower to that holder with respect thereto as fully as if that holder were owed the amount of the participation held by that holder. The provisions of this Section 2.17 shall not be construed to apply to (a) any payment made by Borrower pursuant to and in accordance with the express terms of this Agreement or (b) any payment obtained by any Lender as consideration for the assignment or sale of a participation in any of its Loans or other Obligations owed to it in accordance herewith.

  • Pro Rata Sharing 63 32. Severability.........................................................64 33. Counterparts.........................................................64 34. Notices..............................................................64 35. Language.............................................................66 36. Jurisdiction.........................................................66 37.

  • Data Sharing The GRANTEE BENEFICIARY agrees to share data with the AGENCY as deemed necessary by AGENCY, in its sole discretion, for expenditure validation, trend review, and performance monitoring.

  • Job Sharing / Time Sharing (a) Job sharing shall be interpreted to mean two employees sharing one full- time position (10 shifts bi-weekly). (b) Time sharing shall be interpreted to mean two employees sharing one full line (14 shifts bi-weekly). Clarifying Note: One full-time and a regular part-time “shadow” does not constitute a time sharing arrangement. (c) The introduction of job/time sharing arrangements in a Home will be subject to mutual agreement between the Union and the Employer. Job/time sharing requests shall be considered on an individual basis. Such approval will not be unreasonably withheld. (d) The employees involved in job share/ time sharing are entitled to all the regular part-time provisions except those which are modified as follows: i) Schedules and scheduling language shall be established by the mutual agreement of the Union and the Home. This will include the division of hours between the job/time sharers. ii) Each job/time sharer may exchange shifts with her or his partner as well as other employees as provided by the Collective Agreement. Employees who are currently in a job/time sharing arrangement and are full-time will retain that status and be covered by the full-time provisions of the collective agreement. For clarity, this grandparents employees in time sharing arrangements, not positions. When individuals leave these positions, the vacant position will be posted under (f) and (g) below.