Immediate Occupancy. SWBT shall, within 60 days after the effective date of this Agreement, adopt interim procedures which will provide Applicant the ability to attach or place facilities on or in SWBT’s poles, ducts, conduits, and rights-of-way on an immediate basis when such space is available for Applicant’s use and no make-ready work or infrequent construction techniques or connectivity solutions are required. SWBT may, on 60 days advance notice to Applicant, revise or terminate such interim procedures if they prove to be unworkable, in which event Applicant may seek renegotiation of this Agreement or challenge SWBT’s decision in accordance with procedures available to Applicant under applicable federal and state laws, regulations, and commission orders. The special procedures established under this section shall supplement, rather than replace, the regular assignment and licensing procedures set forth in Articles 8-10 of this Agreement, are intended to be used only under special circumstances (e.g., when the regular procedures allow insufficient time to meet customer service commitments or resolve non-routine construction or network contingencies), shall not be used on a routine basis, and shall be consistent with subsections (a)-(f) below.
Immediate Occupancy. At and after the Effective Date, Tenant shall have the right to access and occupy all or any portion of the Premises under this Lease, without any interference or prior consent by Library, for the uses contemplated herein. The Parties agree that, as of the Effective Date, the Parties shall be subject to all the terms and conditions of this Lease and agree that this Lease is a binding and legal agreement, fully enforceable by either Party in the event of a breach by the other Party. Notwithstanding the foregoing, Library shall not be in breach of this Lease if Library is unable to deliver exclusive possession of the Premises as contemplated herein to Tenant on the Start Date due to the holdover or failure or refusal of any prior tenant or subtenant to vacate the Premises or relinquish such tenant’s or subtenant’s claims to possession of the Building or the Premises or any part thereof (any of these reasons constituting a “Holdover”). In the event of such Holdover, Tenant shall not be entitled to damages from Library, but Xxxxxx’s rent obligation shall be prorated to reflect the actual date on which Library delivers exclusive possession of the Premises to Tenant.
Immediate Occupancy. NEVADA shall, within 60 days after the effective date of this Agreement, adopt interim procedures which will provide Applicant the ability to attach or place facilities on or in NEVADA’s poles, ducts, conduits, and rights-of-way on an immediate basis when such space is available for Applicant’s use and no make-ready work or infrequent construction techniques or connectivity solutions are required. NEVADA may, on 60 days advance notice to Applicant, revise or terminate such interim procedures if they prove to be unworkable, in which event Applicant may seek renegotiation of this Agreement or challenge NEVADA’s decision in accordance with procedures available to Applicant under applicable federal and state laws, regulations, and commission orders. The special procedures established under this section shall supplement, rather than replace, the regular assignment and licensing procedures set forth in Articles 8-10 of this Agreement, are intended to be used only under special circumstances (e.g., when the regular procedures allow insufficient time to meet customer service commitments or resolve non-routine construction or network contingencies), shall not be used on a routine basis, and shall be consistent with subsections (a)-(f) below.
