Common use of INCREMENTAL PROPERTY RIGHTS, AND COSTS Clause in Contracts

INCREMENTAL PROPERTY RIGHTS, AND COSTS. (a) If any time during this Agreement a Granting Authority of the Company makes a demand for additional compensation or indicates its intent to reopen, renegotiate or terminate the Company’s franchise, easement, license or other agreement establishing the Company’s rights in the Company Right-of-Way as a direct result of the existence of this Agreement, the Company shall promptly notify Permittee. After conferring with the Company and allowing the Company an opportunity to resolve the issue, Permittee may attempt at Permittee’s expense to resolve the issue with the Granting Authority through negotiation or settlement. Any decision to commence litigation on behalf of or in the name of the Company shall be in the sole discretion of the Company, and any subsequent litigation, whether brought by the Company at Permittee’s request or by such third party Granting Authority, shall be conducted at Permittee’s expense, but under the Company’s direction and control with respect to any issues materially affecting the Company’s rights in the Company Right-of-Way. If the dispute is resolved through negotiation or settlement approved by Permittee (which approval will not be unreasonably withheld), and such resolution requires the payment of additional consideration by the Company, Permittee shall reimburse the Company for the amount of such additional consideration, to the extent such amount is due to Permittee’s presence on or in the Company Facilities. If the dispute is resolved through litigation in accordance with the foregoing and the judgment resulting there from requires the payment of additional consideration by the Company, Permittee shall reimburse the Company for the amount of such additional consideration to the extent such amount is due to Permittee’s presence on or in the Company Facilities. If Permittee possesses the power of eminent domain within the relevant jurisdiction, Permittee shall have the right, in its sole discretion, independently of the Company to seek resolution of such a dispute by exercising such power of eminent domain, provided that Permittee shall pay all costs of such exercise. Permittee’s obligation to reimburse the Company for the amounts of additional compensation due to Granting Authorities shall survive this Agreement.

INCREMENTAL PROPERTY RIGHTS, AND COSTS. (a) 1.4.1 If any time during this Agreement a Granting Authority of the Company makes a demand for additional compensation or indicates its intent to reopen, renegotiate renegotiate, or terminate the Company’s franchise, easement, license license, or other agreement establishing the Company’s rights in any of the Company RightRights-of-Way as a direct result of the existence of this Agreement, the Company shall promptly notify Permittee. After conferring with the Company and allowing the Company an opportunity to resolve the issue, Permittee may attempt at Permittee’s expense to resolve the issue with the Granting Authority through negotiation or settlement. Any decision to commence litigation on behalf of or in the name of the Company shall be in the sole discretion of the Company, and any subsequent litigation, whether brought by the Company at Permittee’s request or by such third party Granting Authority, shall be conducted at Permittee’s expense, but under the Company’s direction and control with respect to any issues materially affecting the Company’s rights in the Company Right-of-Way. If the dispute is resolved through negotiation or settlement approved by Permittee (which approval will not be unreasonably withheld), and such resolution requires the payment of additional consideration by the Company, Permittee shall reimburse the Company for the amount of such additional consideration, to the extent such amount is due to Permittee’s presence on or in the Company FacilitiesSpace. If the dispute is resolved through litigation in accordance with the foregoing and the judgment resulting there from requires the payment of additional consideration by the Company, Permittee shall reimburse the Company for the amount of such additional consideration to the extent such amount is due to Permittee’s presence on or in the Company FacilitiesSpace. If Permittee possesses the power of eminent domain within the relevant jurisdiction, Permittee shall have the right, in its sole discretion, independently of the Company to seek resolution of such a dispute by exercising such power of eminent domain, provided that Permittee shall pay all costs of such exercise. Permittee’s obligation to reimburse the Company for the amounts of additional compensation due to Granting Authorities shall survive this Agreement.

INCREMENTAL PROPERTY RIGHTS, AND COSTS. (a) If any time during this Agreement a Granting Authority of the Company makes a demand for additional compensation or indicates its intent to reopen, renegotiate or terminate the Company’s franchise, easement, license or other agreement establishing the Company’s rights in the Company Right-of-Way as a direct result of the existence of this Agreement, the Company shall promptly notify Permittee. After conferring with the Company and allowing the Company an opportunity to resolve the issue, Permittee may attempt at Permittee’s expense to resolve the issue with the Granting Authority through negotiation or settlement. Any decision to commence litigation on behalf of or in the name of the Company shall be in the sole discretion of the Company, and any subsequent litigation, whether brought by the Company at Permittee’s request or by such third party Granting Authority, shall be conducted at Permittee’s expense, but under the Company’s direction and control with respect to any issues materially affecting the Company’s rights in the Company Right-of-Way. If the dispute is resolved through negotiation or settlement approved by Permittee (which approval will not be unreasonably withheld), and such resolution requires the payment of additional consideration by the Company, Permittee shall reimburse the Company for the amount of such additional consideration, to the extent such amount is due to Permittee’s presence on or in the Company Facilities. If the dispute is resolved through litigation in accordance with the foregoing and the judgment resulting there from requires the payment of additional consideration by the Company, Permittee shall reimburse the Company for the amount of such additional consideration to the extent such amount is due to Permittee’s presence on or in the Company Facilities. If Permittee possesses the power of eminent domain within the relevant jurisdiction, Permittee shall have the right, in its sole discretion, independently of the Company to seek resolution of such a dispute by exercising such power of eminent domain, provided that Permittee shall pay all costs of such exercise. Permittee’s obligation to reimburse the Company for the amounts of additional compensation due to Granting Authorities shall survive this Agreement.