GRANT OF NON-EXCLUSIVE FRANCHISE Sample Clauses

GRANT OF NON-EXCLUSIVE FRANCHISE. A. The City of Mt. Carmel hereby grants to Grantee the non-exclusive right and privilege to construct, erect, operate, and maintain in, upon, along, across, over and under Public Streets, Public Ways and public places now laid out or dedicated, and all extensions thereof and thereto, in the City, poles, wires, cables, underground conduits, manholes and other television conductors, and fixtures or appurtenances necessary for the maintenance and operation of a Cable System. B. Nothing in this Franchise Agreement shall affect the right of the Franchising Authority to grant to any other Person a Franchise or right to occupy and use the Public Streets, Public Ways or public places or any part thereof for the erection, installation, construction, reconstruction, operation, maintenance, dismantling, testing, or repair or use of a Cable System within the City of Mt. Carmel. C. Where any damage is caused to any City property during construction, installation, or maintenance by Grantee, the City shall notify the Grantee of such damage and shall provide an estimate of the costs of repair. Grantee shall notify the City within ten (10) days, or immediately where such damage affects the health or safety of City residents, whether it will undertake the repair, or will advise the City to arrange for the repair. The costs of such repairs including all service and materials required by the City will be billed to the Grantee. The charges shall be paid within forty-five days of the date of billing or the City, at its option, may withdraw the cost of such repairs from the Security Fund established by Section 24 of this Agreement.
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GRANT OF NON-EXCLUSIVE FRANCHISE. A non-exclusive franchise is hereby granted to Contact Network, Inc. d/b/a InLine, (hereinafter referred to as “Franchisee”), subject to the City of Homewood's (hereinafter referred to as “City”) receipt of monetary and services compensation, to construct, maintain and operate in, over, under, across and through the public rights-of-way of the City of Homewood, Alabama, a fiber optics system within the City of Homewood and any future additions thereto, the duration of such franchise to be a period of five (5) years, to commence on the 1st day of ________________, 20___, provided that nothing in this franchise shall be construed as granting to Franchisee an exclusive franchise. The grant of this franchise is for the use by the Franchisee for the sole and expressed purpose of providing dark fiber to end users but shall not authorize the Franchisee to provide audio, video, voice or signaling communications services for the purpose of offering communications services within the City of Homewood nor allow Franchisee to be a “competitive access provider” which directly connects end user customers within the franchise area with other businesses, local area networks, a local exchange carrier and interexchange carriers and for such other services, including local exchange and enhanced services, as may be authorized by the Alabama Public Service Commission or federal law, other than cable services as defined below. The Franchisee shall not permit the use of its fiber optic system, its duct or pathways, its pole attachments or any plant equipment on the public rights-of-way in any manner that would avoid or seek to avoid the need for a franchise from the City of Homewood for the business of another person as provided herein below. Franchisee shall not provide services directly regulated by the Alabama Public Service Commission (PSC) unless authorized by the PSC. Franchisee shall not operate a telecommunications system as defined by the Telecommunications Act of 1996 without first having obtained a separate telecommunications franchise with the City. Franchisee shall not operate a cable system as defined in the Cable Communications Policy Act of 1984 (47 XXXX §000 et seq., as amended) without first having obtained a separate cable franchise with the City. The parties shall have the option to renew this franchise on such terms and conditions as shall be mutually agreeable, provided that Franchisee shall have performed according to the terms hereof, and, further provide...
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GRANT OF NON-EXCLUSIVE FRANCHISE 
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Related to GRANT OF NON-EXCLUSIVE FRANCHISE

  • Non-Exclusive Contract The intent of this Contract is to provide state agencies with an expedited means of procuring supplies and/or services. This Contract is for the convenience of state agencies and is considered by State to be a “Non- exclusive” use contract. Therefore, agencies may obtain this product/service from sources other than the Contract holder(s) as long as they comply with Title 18, MCA, and their delegation agreement. State does not guarantee any usage.

  • Non-Exclusive Agreement Notwithstanding anything contained herein, this Agreement and the rights awarded to the Investor hereunder are non-exclusive, and the Company may, at any time throughout the term of this Agreement and thereafter, issue and allot, or undertake to issue and allot, any shares and/or securities and/or convertible notes, bonds, debentures, options to acquire shares or other securities and/or other facilities which may be converted into or replaced by Common Shares or other securities of the Company, and to extend, renew and/or recycle any bonds and/or debentures, and/or grant any rights with respect to its existing and/or future share capital.

  • Non-Exclusive License Sponsor grants Institution and Principal Investigator a royalty free non-exclusive license, with no right to sublicense, to use Trial Data for internal research or educational purposes.

  • Non-Exclusive The services of the Administrator rendered to the Trust are not deemed to be exclusive. The Administrator is free to render such services to others. The Administrator shall not be deemed to be affected by notice of, or to be under any duty to disclose to the Trust or Person acting on the Trust’s behalf, information which has come into its possession or the possession of an Interested Party in the course of or in connection with providing administrative or other services to any other person or in any manner whatsoever other than in the course of carrying out its duties pursuant to this Agreement.

  • Non-Exclusive Arrangement Nothing contained in these Terms shall be construed as conferring or granting an exclusive right or obligation upon either party to purchase or sell products or services under these terms. 21. FORCE MAJEURE Neither party shall be liable to the other for any delay or inability to perform its obligations under these terms or otherwise if such delay or inability arises from any act of God, fire, natural disaster, act of government, or any other cause beyond the reasonable control of such party which could not be avoided by the exercise of due care.

  • SERVICES NON-EXCLUSIVE Nothing in this Agreement shall prevent the Servicer from rendering or performing services similar to those provided for in this Agreement to or for itself or other persons, firms or companies or from carrying on business similar to or in competition with the business of the Mortgages Trustee and the Beneficiaries.

  • Non-Exclusive Rights Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this Agreement are non-exclusive and Authority herein reserves the right to grant similar privileges to another lessee or other tenants on other parts of the Airport.

  • Non-Exclusive Right In the event this Agreement is terminated or upon written notice from Western at any time, the Corporation hereby agrees that it will eliminate from the Fund's name any reference to the name of "Western." The Corporation, on behalf of the Fund, shall have the non-exclusive use of the name "Western" in whole or in part only so long as this Agreement is effective or until such notice is given.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Non-exclusivity of Rights Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

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