Common use of Impairment Caused by Change in City Use Clause in Contracts

Impairment Caused by Change in City Use. (a) If any change in the nature of the City’s use of the License Area during the Term results in measurable material adverse impairment to Licensee’s normal operation of its Equipment making it necessary to alter the Equipment to mitigate the adverse effect, Licensee shall notify the City and provide evidence of the claimed impairment. Upon receipt of such notice, the City will have the right to make its own reasonable determination and, if it agrees with Licensee, investigate whether it can reasonably and economically mitigate that interference. The City will provide notice to Licensee of the City’s determination within thirty (30) days of its receipt of notice from Licensee.

Appears in 3 contracts

Samples: Fiber License Agreement, Master License Agreement, walnutcreek.granicus.com

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Impairment Caused by Change in City Use. (a) If any change in the nature of the City’s use of the License Area during the Term results in measurable material adverse impairment to Licensee’s normal operation of its Equipment making it necessary to alter the Equipment to mitigate the adverse effect, Licensee shall notify the City and provide evidence of the claimed impairment. Upon receipt of such notice, the City will have the right to make its own reasonable determination and, if it agrees with Licensee, investigate whether it can reasonably and economically mitigate that interference. The City will provide notice to Licensee of the City’s determination within thirty (30) days of its receipt of notice from Licensee.thirty

Appears in 1 contract

Samples: Master License Agreement

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Impairment Caused by Change in City Use. (a) 27.5.2.1 If any change in the nature of the City’s use of the License Area during the Term results in measurable material adverse impairment to Licensee’s normal operation of its Equipment making it necessary to alter the Equipment to mitigate the adverse effect, Licensee shall notify the City and provide evidence of the claimed impairment. Upon receipt of such notice, the City will have the right to make its own reasonable determination and, if it agrees with Licensee, investigate whether it can reasonably and economically mitigate that interference. The City will provide notice to Licensee of the City’s determination within thirty ten (3010) days of its receipt of notice from Licensee.

Appears in 1 contract

Samples: Master License Agreement

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