Grantee's Right to Build and Connect Third Party Segments Sample Clauses

Grantee's Right to Build and Connect Third Party Segments. In the event that the Grantor (i) does not have Structures available to replace Route Segments not available for any reason to the Grantee or (ii) does not provide such Structures at the request of the Grantee, the Grantee shall have the right to build or otherwise obtain such Structures from Third Parties, at the Grantee's sole cost and expense. The Grantee may connect such Third Party facilities to the Route Segments and Cable subject to the approval by Grantor of Grantee's connection plans. The work to connect such Third Party facilities located on the Grantor's property shall be performed by the Grantor. The provisions of the last two sentences of Section 6.1 shall apply to this work to be performed by the Grantor. Grantee shall pay all of Grantor's Actual Costs to review these connection plans and to oversee the construction of such connections. If the Grantee interconnects Third Party facilities to the Cable or Structures, Grantee shall, upon Grantor's request, use its best efforts to provide the right to use up to 12 singlemode fibers on such Third Party's facilities to maintain the continuity of NUNet within Grantor's Territory and up to eight singlemode fibers outside Grantor's Territory on terms no less favorable than those provided Grantee for NEON. Subsequent to the date of execution of this Amended and Restated Agreement, the rights and obligations of the parties set forth in this Section 5.5 shall be governed by the Phase Two Agreement.
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Grantee's Right to Build and Connect Third Party Segments. In the event that the Grantor (i) does not have Structures available for any reason to the Grantee or (ii) does not provide such Structures to Grantee, the Grantee shall have the right to build for itself, on right-of-way to be obtained by the Grantee, or obtain such facilities from Third Parties, at the Grantee's sole cost and expense, and to connect such Third Party facilities to NEON at a point of connection approved by the Grantor on the Grantor's property. As set forth in Section 15.4, Grantee shall use its best efforts to provide Grantor with communication facilities over such Third Party facilities at i, if requested to do so by Grantor.
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Grantee's Right to Build and Connect Third Party Segments. The Grantee shall have the right to build or otherwise install Cable on property of Third Parties, at the Grantee's sole cost and expense. The Grantee may connect such Third Party facilities to the Duct Segments and Cable subject to the approval by the Grantor of the Grantee's connection plans. The work to connect such Third Party facilities located on the Grantor's property shall be performed by the Grantor. The provisions of the last two sentences of Section 6.1 shall apply to this work to be performed by the Grantor. The Grantee shall pay all of the Grantor's Actual Costs to review these connection plans and to oversee the construction of such connections. If the Grantee interconnects Third Party facilities to the Cable, the Grantee shall, upon the Grantor's request, use its best efforts to provide the right to use up to # singlemode fibers on such Third Party's facilities to maintain the continuity of __Net within the Grantor's Territory and up to # singlemode fibers outside the Grantor's Territory on terms no less favorable than those provided the Grantee for _DN.
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Related to Grantee's Right to Build and Connect Third Party Segments

  • Third Party Service Providers An Insurer may retain a third-party service provider to perform one or more of the services it is obligated to perform under this Agreement, provided, however, that the retention does not operate to relieve the Insurer of any obligation (including obligations arising from the Insurer’s representations and warranties below) it has to the Company or its affiliates under this Agreement. In addition, retention of unaffiliated third-party service providers is subject the following conditions: • the retention must be pursuant to a written agreement (a “retention agreement”) conforming in substance to the terms of this Agreement (i.e., not inconsistent with any term or provision of this Agreement) and provided to the Company for its approval at least seven (7) days in advance of its execution. • in the event that the Insurer retains a third-party to perform fewer than all of the services provided for herein, any compensation under this Agreement that the Insurer retains must be commensurate with the services it provides under this agreement.

  • Data Subjects Rights The Participant may have a number of rights under the data privacy laws in the Participant’s country of residence. For example, the Participant’s rights may include the right to (i) request access or copies of personal data the Company processes, (ii) request rectification of incorrect data, (iii) request deletion of data, (iv) place restrictions on processing, (v) lodge complaints with competent authorities in the Participant’s country of residence, and/or (vi) request a list with the names and addresses of any potential recipients of the Participant’s personal data. To receive clarification regarding the Participant’s rights or to exercise his or her rights, the Participant should contact his or her local human resources representative.

  • USE OF THIRD PARTY SYSTEMS-LEVEL SOFTWARE State Street and the Fund acknowledge that in connection with the Data Access Services provided under this Addendum, the Fund will have access, through the Data Access Services, to Fund Data and to functions of State Street’s proprietary systems; provided, however that in no event will the Fund have direct access to any third party systems-level software that retrieves data for, stores data from, or otherwise supports the System.

  • Contracts (Rights of Third Parties) Xxx 0000 No term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Xxx 0000 by a person who is not a party to this Agreement.

  • Access Rights (a) Without limiting any rights the ABL Agent or any other ABL Secured Party may otherwise have under applicable law or by agreement, (i) in the event of any liquidation of the ABL Collateral (or any other Exercise Any Secured Creditor Remedies by the ABL Agent) and whether or not the Authorized Shared Collateral Agent or any other Shared Collateral Secured Party has commenced and is continuing to Exercise Any Secured Creditor Remedies of the Shared Collateral Agents, and (ii) if the Shared Collateral Agents have obtained a first priority Lien on or control of any Real Property where any ABL Collateral is located, then the ABL Agent or any other Person (including any Loan Party) acting with the consent, or on behalf, of the ABL Agent, shall have the right to access such Real Property in order to assemble, inspect, copy or download information stored on, take actions to perfect its Lien on, complete a production run of Inventory involving, take possession of, move, prepare and advertise for sale, sell (by public auction, private sale or a “store closing”, “going out of business” or similar sale, whether in bulk, in lots or to customers in the ordinary course of business or otherwise and which sale may include augmented Inventory of the same type sold in the Borrowers’ and Guarantors’ business), store or otherwise deal with the ABL Collateral, in each case without notice to, the involvement of or interference by any Shared Collateral Secured Party or liability to any Shared Collateral Secured Party for a period not to exceed the Access Period. Prior to the Discharge of ABL Obligations, the Shared Collateral Agents agree not sell, assign or otherwise transfer such Real Property prior to the Access Period, unless the purchaser, assignee or transferee thereof agrees to be bound by the provisions of this Section 3.7. Subject only to the foregoing provisions of this Section 3.7, nothing in this Agreement shall impair the Shared Collateral Agents’ and the Shared Collateral Secured Parties’ rights and Liens on such Real Property.

  • Assignments; Reinsurance; Third-Party Rights (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. None of the Transaction Parties may assign its rights under this Insurance Agreement, or delegate any of its duties hereunder, without the prior written consent of the Insurer. Any assignments made in violation of this Insurance Agreement shall be null and void.

  • Other Sources Indemnitee shall not be required to exercise any rights that Indemnitee may have against any other Person (for example, under an insurance policy) before Indemnitee enforces his rights under this Agreement. However, to the extent the Company actually indemnifies Indemnitee or advances him Expenses, the Company shall be subrogated to the rights of Indemnitee and shall be entitled to enforce any such rights which Indemnitee may have against third parties. Indemnitee shall assist the Company in enforcing those rights if it pays his costs and expenses of doing so. If Indemnitee is actually indemnified or advanced Expenses by any third party, then, for so long as Indemnitee is not required to disgorge the amounts so received, to that extent the Company shall be relieved of its obligation to indemnify Indemnitee or advance Indemnitee Expenses.

  • Third Party Data Any statistical, industry-related and market-related data, which are included in the Disclosure Package and the Prospectus, is based on or derived from sources that the Company reasonably and in good faith believes to be reliable and accurate, and such data agrees with the sources from which it is derived, and the Company has obtained the written consent for the use of such data from such sources to the extent required.

  • Third Party Contractors Tenant shall obtain and deliver to Landlord, Third Party Contractor’s certificates of insurance and applicable endorsements at least seven (7) business days prior to the commencement of work in or about the Premises by any vendor or any other third-party contractor (collectively, a “Third Party Contractor”). All such insurance shall (a) name Landlord as an additional insured under such party’s liability policies as required by Section 10.3.1 above and this Section 10.6, (b) provide a waiver of subrogation in favor of Landlord under such Third Party Contractor’s commercial general liability insurance, (c) be primary and any insurance carried by Landlord shall be excess and non-contributing, and (d) comply with Landlord’s minimum insurance requirements.

  • Third Party Services Any services required for or contemplated by the performance of the above-referenced services by the Administrator to be provided by unaffiliated third parties (including independent auditors’ fees and counsel fees) may, if provided for or otherwise contemplated by the Financing Order and if the Issuer deems it necessary or desirable, be arranged by the Issuer or by the Administrator at the direction (which may be general or specific) of the Issuer. Costs and expenses associated with the contracting for such third-party professional services may be paid directly by the Issuer or paid by the Administrator and reimbursed by the Issuer in accordance with Section 2, or otherwise as the Administrator and the Issuer may mutually arrange.

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