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.
(a) Upon giving SWBT the notice required by this subsection, Applicant may immediately occupy space assigned or provisionally assigned to Applicant pursuant to Section 8.02 of this Agreement. The notice shall be contained in either a notice of intent to occupy as provided in Section 8.02(b) or a license application under Section 9.02. Applicant shall not give such notice or occupy such space without first reviewing SWBT’s records and determining that the records reflect that the space sought is available.
(b) Applicant shall not occupy space which has not been assigned or provisionally assigned to Applicant. The assignment must be recorded on the appropriate SWBT records, as provided in Section 8.02, prior to Applicant’s occupancy. If Applicant subsequently determines that the records are inaccurate and that the space assigned to Applicant is not available, or that the space assigned is not suitable for Applicant’s intended use, Applicant shall, within one business day, notify SWBT in writing that it no longer intends to occupy the space earlier assigned and is releasing the assignment. Except as otherwise provided in this subsection, Applicant shall not occupy other space on the pole or in the duct or conduit without first obtaining a...
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.
