Common use of Incremental Property Rights Costs Clause in Contracts

Incremental Property Rights Costs. If at any time during --------------------------------- the Term, a third party Right of Way or Building Entrance grantor of either XXX or SRP makes a demand for additional compensation or indicates its intent to reopen, renegotiate or terminate the easement, license or other agreement establishing rights in a Right of Way or Building Entrance as a result of the existence of this Agreement, XXX or SRP, as applicable, shall promptly notify the other in writing of such demand. After conferring with each other and allowing the party that owns or has been granted the right to use the Right of Way or Building Entrance in question an opportunity to resolve the issue, the other party may attempt at its expense to resolve the issue with such grantor through negotiation or settlement. Any decision to commence litigation on behalf of or in the name of either XXX or SRP shall be in the sole discretion of such party, and any subsequent litigation, whether brought by XXX, at SRP's request, or by SRP, at ELI's request, or by such third party Right of Way or Building Entrance grantor, shall be conducted at the expense and under the direction and control of the party named in the action. If the dispute is resolved either through negotiation, settlement or litigation, and such resolution requires the payment of additional consideration for such additional or expanded use: (a) XXX shall be required to pay such additional compensation and litigation expenses with respect to a Right of Way or Building Entrance the original grant of which ran to SRP; and (b) SRP shall be required to pay such additional compensation and litigation expenses with respect to a Right of Way or Building Entrance the original grant of which ran to XXX. The terms of any settlement must be approved by both XXX and SRP before it becomes binding. If either XXX or SRP possesses the power of eminent domain within the relevant jurisdiction, it shall have the right, in its sole discretion, independently of the consent of the other to seek resolution of such a dispute by exercising such power of eminent domain, provided that the condemning party shall pay all costs of such exercise.

Incremental Property Rights Costs. If at any time during --------------------------------- the Term, Term a third third-party Right of Way or Building Entrance grantor of either XXX or SRP PG&E makes a demand for additional compensation or indicates its intent to reopen, renegotiate or terminate the easement, license or other agreement establishing PG&E's rights in a any p01tion of the Right of Way or Building Entrance as a direct result of the existence of this AgreementAgreement or the presence of the System on the Right of Way, XXX or SRP, as applicable, PG&E shall promptly notify the other in writing of such demandCUSTOMER. After conferring with each other PG&E and allowing the party that owns or has been granted the right to use the Right of Way or Building Entrance in question PG&E an opportunity to resolve the issue, the other party CUSTOMER may attempt attempt, at its expense CUSTOMER's expense, to resolve the issue with such grantor through negotiation or settlement, provided CUSTOMER may not enter into a settlement that imposes any costs or obligations on the part of PG&E without PG&E's prior written consent. Any decision to commence litigation on behalf of or in the name of either XXX or SRP PG&E shall be in the sole discretion of such partyPG&E, and any subsequent litigation, whether brought by XXX, PG&E at SRPCUSTOMER's request, or by SRP, at ELI's request, request or by such third third-party Right of Way or Building Entrance grantor, shall be conducted at the expense CUSTOMER's expense, and under the PG&E's direction and control of the party named with respect to any issues materially affecting PG&E's rights in the actionRight of Way. If the dispute is resolved either through negotiation, settlement negotiation or litigationsettlement, and such resolution requires the payment of additional consideration by PG&E, CUSTOMER shall reimburse PG&E for the amount of such additional or expanded use: (a) XXX consideration. If the dispute is resolved through litigation in accordance with the foregoing and the resulting judgment requires the payment of additional consideration by PG&E, CUSTOMER shall be required to pay reimburse PG&E for the amount of such additional compensation and litigation expenses with respect to a Right of Way or Building Entrance the original grant of which ran to SRP; and (b) SRP shall be required to pay such additional compensation and litigation expenses with respect to a Right of Way or Building Entrance the original grant of which ran to XXX. The terms of any settlement must be approved by both XXX and SRP before it becomes bindingconsideration. If either XXX or SRP CUSTOMER possesses the power of eminent domain within the relevant jurisdiction, it CUSTOMER shall have the right, in its sole discretion, independently of the consent of the other PG&E to seek resolution of such a dispute by exercising such power of eminent domain, provided that the condemning party CUSTOMER shall pay all costs of such exercise. The terms of any settlement must be approved by PG&E and CUSTOMER before it becomes binding, which approval shall not be unreasonably withheld, conditioned or delayed.

Incremental Property Rights Costs. If at any time during the --------------------------------- the Term, Term a third third-party Right of Way or Building Entrance grantor of either XXX or SRP PG&E makes a demand for additional compensation or indicates its intent to reopen, renegotiate or terminate the easement, license or other agreement establishing PG&E's rights in a any portion of the Right of Way or Building Entrance as a direct result of the existence of this Agreement, XXX or SRP, as applicable, PG&E shall promptly notify the other in writing of such demandXXX. After conferring with each other PG&E and allowing the party that owns or has been granted the right to use the Right of Way or Building Entrance in question PG&E an opportunity to resolve the issue, the other party XXX may attempt attempt, at its expense ELI's expense, to resolve the issue with such grantor through negotiation or settlement. Any decision to commence litigation on behalf of or in the name of either XXX or SRP PG&E shall be in the sole discretion of such partyPG&E, and any subsequent litigation, whether brought by XXX, at SRP's request, or by SRP, PG&E at ELI's request, request or by such third third-party Right of Way or Building Entrance grantor, shall be conducted at the expense and ELI's expense, but under the PG&E's direction and control of the party named with respect to any issues materially affecting PG&E's rights in the actionRight of Way. If the dispute is resolved either through negotiation, negotiation or settlement or litigationapproved by XXX, and such resolution requires the payment of additional consideration by PG&E, XXX shall reimburse PG&E for the amount of such additional or expanded use: (a) consideration. If the dispute is resolved through litigation in accordance with the foregoing and the resulting judgment requires the payment of additional consideration by PG&E not covered by the defense cost fund described in Section 9.4, XXX shall be required to pay reimburse PG&E for the amount of such additional compensation and litigation expenses with respect to a Right of Way or Building Entrance the original grant of which ran to SRP; and (b) SRP shall be required to pay such additional compensation and litigation expenses with respect to a Right of Way or Building Entrance the original grant of which ran to XXX. The terms of any settlement must be approved by both XXX and SRP before it becomes bindingconsideration. If either XXX or SRP possesses the power of eminent domain within the relevant jurisdiction, it XXX shall have the right, in its sole discretion, independently of the consent of the other PG&E to seek resolution of such a dispute by exercising such power of eminent domain, provided that the condemning party XXX shall pay all costs of such exercise. The terms of any settlement must be approved by both PG&E and XXX before it becomes binding.

Incremental Property Rights Costs. If at any time during --------------------------------- the Term, Term a third third-party Right of Way or Building Entrance grantor of either XXX or SRP PG&E makes a demand for additional compensation or indicates its intent to reopen, renegotiate or terminate the easement, license or other agreement establishing PG&E’s rights in a any portion of the Right of Way or Building Entrance as a direct result of the existence of this AgreementAgreement or the presence of the System on the Right of Way, XXX or SRP, as applicable, PG&E shall promptly notify the other in writing of such demandIPN. After conferring with each other PG&E and allowing the party that owns or has been granted the right to use the Right of Way or Building Entrance in question PG&E an opportunity to resolve the issue, the other party IPN may attempt attempt, at its expense IPN’s expense, to resolve the issue with such grantor through negotiation or settlement. Any decision to commence litigation on behalf of or in the name of either XXX or SRP PG&E shall be in the sole discretion of such partyPG&E, and any subsequent litigation, whether brought by XXX, PG&E at SRP's request, or by SRP, at ELI's request, IPN’s request or by such third third-party Right of Way or Building Entrance grantor, shall be conducted at the expense IPN’s expense, and under the PG&E’s direction and control of the party named with respect to any issues materially affecting PG&E’s rights in the actionRight of Way. If the dispute is resolved either through negotiation, settlement negotiation or litigationsettlement, and such resolution requires the payment of additional consideration by PG&E, IPN shall reimburse PG&E for the amount of such additional or expanded use: (a) XXX consideration. If the dispute is resolved through litigation in accordance with the foregoing and the resulting judgment requires the payment of additional consideration by PG&E, IPN shall be required to pay reimburse PG&E for the amount of such additional compensation and litigation expenses with respect to a Right of Way or Building Entrance the original grant of which ran to SRP; and (b) SRP shall be required to pay such additional compensation and litigation expenses with respect to a Right of Way or Building Entrance the original grant of which ran to XXX. The terms of any settlement must be approved by both XXX and SRP before it becomes bindingconsideration. If either XXX or SRP IPN possesses the power of eminent domain within the relevant jurisdiction, it IPN shall have the right, in its sole discretion, independently of the consent of the other PG&E to seek resolution of such a dispute by exercising such power of eminent domain, provided that the condemning party IPN shall pay all costs of such exercise. The terms of any settlement must be approved by PG&E and IPN before it becomes binding, which approval shall not be unreasonably withheld, conditioned or delayed.