Common use of Lessee Covenants Clause in Contracts

Lessee Covenants. Except as expressly authorized by applicable laws or this Agreement, in the exercise and performance of its rights and obligations under this Agreement, Lessee covenants and agrees: .3.1 Lessee shall comply with applicable federal, state and local laws in the exercise and performance of its rights and obligations under this Agreement. Lessee shall comply with any City permit issued to Lessee in connection with the location of Lessee's Infrastructure within the public rightofway. Lessee shall obtain, as required, any and all necessary approvals for the design, construction, installation, operation and testing of Lessee's Infrastructure to be located within the City; .3.2 Lessee shall not interfere in any manner with the existence and operation of any and all public and private rightsofway, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, electroliers, cable television, and other telecommunica- tions, utility, and municipal property without the express written approval of the owner or owners of the affected property or properties. Lessee shall not do or permit anything to be done by anyone under its direct control or doing work on its behalf, other than the City, its employees, subcontractors, and agents, within the public rightofway or to permit anyone under its direct control or doing work on its behalf , other than the City, its employees, subcontractors, and agents, to do anything that which may in any way obstruct or interfere with the rights of any person located within the public rightofway, or injure them, or use or allow the public rightofway to be used by under its direct control or doing work on its behalf for any improper or unlawful purpose. Notwithstanding the foregoing, this shall not be construed to prohibit Lessee from installing Infrastructure within the City or otherwise exercising its rights and carrying out its obligations under this Agreement, provided however that this sentence is not intended nor shall it be construed to increase Lessee's rights under this Agreement. .3.3 Lessee shall keep all parts of the Leased Infrastructure that belong to City free of any liens that may be created or which may attach as the result of the acts or omissions of Lessee, its employees, subcontractors or agents. If such lien is filed, Lessee shall indemnify and hold harmless City from any and all costs to remove such lien including but not limited to reasonable attorneys’ fees through appeal; .3.4 Lessee shall be permitted to pledge this Agreement as an asset for purposes of obtaining financing; however, if any entity to whom this Agreement has been pledged actually perfects its interest therein, that entity must comply with the provisions of Article 17 "Assignment". Lessee may not, under any circumstances pledge the actual dark fiber or Leased Infrastructure as an asset to anyone for any purpose. The Leased Infrastructure is public property owned by the City and shall not be pledged to any party. .3.5 Lessee shall not do or permit anything to be done by anyone under its direct control or doing work on its behalf, other than the City, its employees, subcontractors, and agents, in, on or about the Leased Infrastructure or Lessee's Infrastructure located within the City, which is prohibited by, or will in any way conflict with, any laws now in force by the City or which may hereafter be enacted or promulgated by an entity other than the City. However, if any laws, rules, ordinances, resolutions, or other regulations which are enacted or promulgated by a governmental entity (other than the City) after the Effective Dated of this Agreement materially (a) change the economics of this Agreement, or (b) interfere with Lessee’s rights provided hereunder, City shall provide Lessee sixty (60) days notice of the required change and if the Lessee does not agree to comply, Lessee shall have the right to terminate this Agreement without penalty. .3.6 Lessee shall not, in connection with this Agreement, commit, cause, maintain or permit nor suffer, or allow to be committed, caused, maintained or permitted by anyone under its direct control or doing work on its behalf, other than the City, its employees, subcontractors, and agents, any waste, abuse or destructive use within the public rightofway, nor any public or private nuisance, nor any other act or thing which may disturb the quiet enjoyment of any other person lawfully using the public rightofway; .3.7 Lessee shall be solely and fully responsible for the reporting of all hazardous materials releases to the appropriate agencies, when such releases are caused by, or result from, Lessee's activities or by anyone under its direct control or doing work on its behalf other than the City, its employees, subcontractors, and agents. Lessee shall take all necessary precautions to prevent any hazardous materials used by Lessee or by anyone under its direct control or doing work on its behalf, from entering into any storm or sewage drain system or from being released within the public rightofway.

Lessee Covenants. Except as expressly authorized by applicable laws or this Agreement, in the exercise and performance of its rights and obligations under this Agreement, Lessee covenants and agreesXxxxxx agrees to the following: .3.1 5.2.1 Lessee shall comply with applicable federal, state and local laws in the exercise and performance of its rights and obligations under this Agreement. Lessee shall comply with any City Lessor permit issued to Lessee in connection with the location of Lessee's Xxxxxx’s Infrastructure within the public rightofwayright-of-way. Lessee shall obtain, as required, any and all necessary approvals for the design, construction, installation, operation and testing of Lessee's ’s Infrastructure to be located within the City;Lessor . .3.2 5.2.2 Lessee shall not interfere in any manner with the existence and operation of any and all public and private rightsofwayrights-of-way, easements, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, electroliers, cable television, and other telecommunica- tionstelecommunications, utility, and municipal property without the express written approval of the owner or owners of the affected property or properties. Lessee shall not do or permit anything to be done by anyone under its direct control or doing work on its behalf, other than the CityLessor , its employees, subcontractorscontractors, and agents, within the public rightofway rights-of-way or to easements or permit anyone under its direct control or doing work on its behalf behalf, other than the CityLessor , its employees, subcontractorscontractors, and agents, to do anything that which may in any way obstruct or interfere with the rights of any person located within the public rightofwayrights-of-way or Lessors easements, or injure them, or use or allow the public rightofway rights-of-way or easements to be used by under its direct control or doing work on its behalf for any improper or unlawful purpose. Notwithstanding the foregoing, this shall not be construed to prohibit Lessee from installing Infrastructure within the City Lessor designated PODs or access points or otherwise exercising its rights and carrying out its obligations under this Agreement, provided however that this sentence is not intended nor shall it be construed to increase Lessee's ’s rights under this Agreement. Would add that the Lessee is obligated to do three things associated with any installation activity: - Dial State of Nevada (State 811) service a minimum of (2) two full working business days before any lessee excavation or digging work associated with lessee’s installation of facilities - Verify that locates associated with the (Nevada 811) service have been completed before digging/excavation occurs - Return all construction areas, whether owned by the Lessor , another public entity or a private entity to pre-construction condition or better after installation of lessee’s facilities is complete. .3.3 5.2.3 Lessee shall keep all parts of the Leased Infrastructure that belong to City Lessor free of any liens that may be created or which may attach as the result of the acts or omissions of Lessee, its employees, subcontractors contractors or agents. If any such lien is filed, Lessee shall indemnify and hold harmless City Lessor from any and all costs to remove such lien lien, including but not limited to to, reasonable attorneys’ fees through appeal;fees. .3.4 5.2.4 Lessee shall be permitted to pledge this Agreement as an asset for purposes of obtaining financing; however, if any entity to whom which this Agreement has been pledged actually perfects its interest therein, that entity must comply with the provisions of Article 17 "12 (“Assignment"”). Lessee may not, under any circumstances circumstances, pledge the actual dark fiber or Leased Infrastructure as an asset to anyone for any purpose. The Leased Infrastructure is public property owned by the City Xxxxxx and shall not be pledged to any party. .3.5 5.2.5 Lessee shall not do or permit anything to be done by anyone under its direct control or doing work on its behalf, other than the CityLessor , its employees, subcontractorscontractors, and agents, in, on or about the Leased Infrastructure or Lessee's ’s Infrastructure located within the CityLessor , which is prohibited by, or will in any way conflict with, any laws now in force by the City Lessor or which may hereafter be enacted or promulgated by an entity other than the CityLessor . However, if Lessor is aware of any laws, rules, ordinances, resolutions, or other regulations which are enacted or promulgated by a governmental entity (other than the CityLessor ) after the Effective Dated Date of this Agreement that materially (a) change changes the economics of this Agreement, or (b) interfere interferes with LesseeXxxxxx’s rights provided hereunder, City shall Lessor may provide Lessee sixty (60) days days’ notice of the required change change(s) and if the Lessee does not agree to comply, Lessee shall have the right to terminate this Agreement without penalty. .3.6 5.2.6 Lessee shall not, in connection with this Agreement, commit, cause, maintain or permit nor suffer, or allow to be committed, caused, maintained or permitted by anyone under its direct control or doing work on its behalf, other than the CityLessor , its employees, subcontractorscontractors, and agents, any waste, abuse or destructive use within the public rightofwayrights-of- way or easements, nor any public or private nuisance, nor any other act or thing which may disturb the quiet enjoyment of any other person lawfully using the public rightofway;rights-of-way or easements. .3.7 5.2.7 Lessee shall not use or store Hazardous Materials of any kind on or near Lessor Property which could contaminate the Property, without prior written permission from Lessor . In the event that any Hazardous Material is spilled or leaked or otherwise released on the Property or any area in the vicinity of the Property as a result of Xxxxxx’s exercise of this Lease, Lessee shall promptly take all steps necessary to remove any contamination resulting from such activities. Lessee accepts full responsibility for all activities and costs incurred related to cleaning up the Property from the effects of such spill or leak. Lessee shall be solely and fully responsible for meeting, and possess the reporting means to satisfy, the requirements of all hazardous materials releases to the appropriate federal, state and local controlling agencies, when such releases are caused byas the (State) Division of Environmental Protection, which may have jurisdiction over the region in which the Property is located or result from, Lessee's activities or by anyone under its direct control or doing work on its behalf other than over the City, its employees, subcontractors, and agents. Lessee shall take all necessary precautions to prevent any hazardous materials substance being used by Lessee or by anyone under its direct control or doing work on its behalf, from entering into any storm or sewage drain system or from being released within the public rightofwayProperty.

Lessee Covenants. Except as expressly authorized by applicable laws or this Agreement, in the exercise and performance of its rights and obligations under this Agreement, Lessee covenants and agrees: .3.1 agrees to the following: Lessee shall comply with applicable federal, state and local laws in the exercise and performance of its rights and obligations under this Agreement. Lessee shall comply with any City permit issued to Lessee in connection with the location of Lessee's ’s Infrastructure within the public rightofwayright‑of‑way. Lessee shall obtain, as required, any and all necessary approvals for the design, construction, installation, operation and testing of Lessee's ’s Infrastructure to be located within the City; .3.2 . Lessee shall not interfere in any manner with the existence and operation of any and all public and private rightsofwayrights‑of‑way, easements, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, electroliers, cable television, and other telecommunica- tionstelecommunications, utility, and municipal property without the express written approval of the owner or owners of the affected property or properties. Lessee shall not do or permit anything to be done by anyone under its direct control or doing work on its behalf, other than the City, its employees, subcontractorscontractors, and agents, within the public rightofway rights‑of‑way or to easements or permit anyone under its direct control or doing work on its behalf behalf, other than the City, its employees, subcontractorscontractors, and agents, to do anything that which may in any way obstruct or interfere with the rights of any person located within the public rightofwayrights‑of‑way or easements, or injure them, or use or allow the public rightofway rights‑of‑way or easements to be used by under its direct control or doing work on its behalf for any improper or unlawful purpose. Notwithstanding the foregoing, this shall not be construed to prohibit Lessee from installing Infrastructure within the City or otherwise exercising its rights and carrying out its obligations under this Agreement, provided however that this sentence is not intended nor shall it be construed to increase Lessee's ’s rights under this Agreement. .3.3 . Lessee shall keep all parts of the Leased Infrastructure that belong to City free of any liens that may be created or which may attach as the result of the acts or omissions of Lessee, its employees, subcontractors contractors or agents. If any such lien is filed, Lessee shall indemnify and hold harmless City from any and all costs to remove such lien lien, including but not limited to to, reasonable attorneys’ fees through appeal; .3.4 fees. Lessee shall be permitted to pledge this Agreement as an asset for purposes of obtaining financing; however, if any entity to whom which this Agreement has been pledged actually perfects its interest therein, that entity must comply with the provisions of Article 17 "12 (“Assignment"”). Lessee may not, under any circumstances circumstances, pledge the actual dark fiber or Leased Infrastructure as an asset to anyone for any purpose. The Leased Infrastructure is public property owned by the City and shall not be pledged to any party. .3.5 . Lessee shall not do or permit anything to be done by anyone under its direct control or doing work on its behalf, other than the City, its employees, subcontractorscontractors, and agents, in, on or about the Leased Infrastructure or Lessee's ’s Infrastructure located within the City, which is prohibited by, or will in any way conflict with, any laws now in force by the City or which may hereafter be enacted or promulgated by an entity other than the City. However, if City is aware of any laws, rules, ordinances, resolutions, or other regulations which are enacted or promulgated by a governmental entity (other than the City) after the Effective Dated Date of this Agreement that materially (a) change changes the economics of this Agreement, or (b) interfere interferes with Lessee’s rights provided hereunder, City shall may provide Lessee sixty (60) days days’ notice of the required change change(s) and if the Lessee does not agree to comply, Lessee shall have the right to terminate this Agreement without penalty. .3.6 . Lessee shall not, in connection with this Agreement, commit, cause, maintain or permit nor suffer, or allow to be committed, caused, maintained or permitted by anyone under its direct control or doing work on its behalf, other than the City, its employees, subcontractorscontractors, and agents, any waste, abuse or destructive use within the public rightofwayrights‑of‑way or easements, nor any public or private nuisance, nor any other act or thing which may disturb the quiet enjoyment of any other person lawfully using the public rightofway; .3.7 rights‑of‑way or easements. Lessee shall not use or store Hazardous Materials of any kind on or near City Property which could contaminate the Property, without prior written permission from City. In the event that any Hazardous Material is spilled or leaked or otherwise released on the Property or any area in the vicinity of the Property as a result of Lessee’s exercise of this Lease, Lessee shall promptly take all steps necessary to remove any contamination resulting from such activities. Lessee accepts full responsibility for all activities and costs incurred related to cleaning up the Property from the effects of such spill or leak. Lessee shall be solely and fully responsible for meeting, and possess the reporting means to satisfy, the requirements of all hazardous materials releases to the appropriate federal, state and local controlling agencies, when such releases are caused byas the Bay Area Water Quality Management District and/or the Environmental Protection Agency, which may have jurisdiction over the region in which the Property is located or result from, Lessee's activities or by anyone under its direct control or doing work on its behalf other than over the City, its employees, subcontractors, and agents. Lessee shall take all necessary precautions to prevent any hazardous materials substance being used by Lessee or by anyone under its direct control or doing work on its behalf, from entering into any storm or sewage drain system or from being released within the public rightofwayProperty.

Lessee Covenants. Except as expressly authorized by applicable laws or this Agreement, in the exercise and performance of its rights and obligations under this Agreement, Lessee covenants and agrees: .3.1 5.3.1 Lessee shall comply with all applicable federal, state and local laws in the exercise and performance of its rights and obligations under this Agreement. Lessee shall comply with any City permit issued to Lessee in connection with the location of LesseeXxxxxx's Infrastructure within the public rightofwayright-of-way. Lessee shall obtain, as required, any and all necessary approvals for the design, construction, installation, operation and testing of Lessee's Infrastructure to be located within the City; .3.2 5.3.2 Lessee shall not interfere in any manner with the existence and operation of any and all public and private rightsofwayrights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, electroliers, cable television, and other telecommunica- tionstelecommunications, utility, and municipal property without the express written approval of the owner or owners of the affected property or properties. Lessee shall not do or permit anything to be done by anyone under its direct control or doing work on its behalf, other than the City, its employees, subcontractors, and agents, behalf within the public rightofway right-of-way or to permit anyone under its direct control or doing work on its behalf , other than the City, its employees, subcontractors, and agents, to do anything that which may in any way obstruct or interfere with the rights of any person located within the public rightofwayright-of-way, or injure them, or use or allow the public rightofway right-of-way to be used by anyone under its direct control or doing work on its behalf for any improper or unlawful purpose. Notwithstanding the foregoing, this shall not be construed to prohibit Lessee from installing Infrastructure within the City or otherwise exercising its rights and carrying out its obligations under this Agreement, provided however that this sentence is not intended nor shall it be construed to increase LesseeXxxxxx's rights under this Agreement. .3.3 5.3.3 Lessee shall keep all parts of the Leased Infrastructure and Additional Leased Infrastructure that belong to City free of any liens that may be created or which may attach as the result of the acts or omissions of Lessee, its employees, subcontractors or agents. If such lien is filed, Lessee shall indemnify and hold harmless City from any and all costs to remove such lien including but not limited to reasonable attorneys’ fees through appeal; .3.4 5.3.4 Lessee shall be permitted to pledge present this Agreement as an asset for purposes of obtaining financing; however, if any entity to whom this Agreement has been pledged actually perfects its presented attempts to perfect an interest therein, that entity must comply with the provisions of Article 17 "Assignment". Lessee may shall not, under any circumstances pledge or present the actual dark fiber or Leased Infrastructure or Additional Leased Infrastructure as an asset to anyone for any purpose. The Leased Infrastructure and Additional Leased Infrastructure is public property owned by the City and shall not be pledged to any party. .3.5 5.3.5 Lessee shall not do or permit anything to be done by anyone under its direct control or doing work on its behalf, other than the City, its employees, subcontractors, and agents, behalf in, on or about the Leased Infrastructure, Additional Leased Infrastructure or Lessee's Infrastructure located within the City, which is prohibited by, or will in any way conflict with, any laws now in force by the City or which may hereafter be enacted or promulgated by an entity other than the City. However, if any laws, rules, ordinances, resolutions, or other regulations which are enacted or promulgated by a governmental entity (other than the City) after the Effective Dated of this Agreement materially (a) change the economics of this Agreement, or (b) interfere with Lessee’s rights provided hereunder, City shall provide Lessee sixty (60) days notice of the required change and if the Lessee does not agree to comply, Lessee shall have the right to terminate this Agreement without penalty.; .3.6 5.3.6 Lessee shall not, in connection with this Agreement, commit, cause, maintain or permit nor suffer, or allow to be committed, caused, maintained or permitted by anyone under its direct control or doing work on its behalf, other than the City, its employees, subcontractors, and agents, any waste, abuse or destructive use within the public rightofwayright-of-way, nor any public or private nuisance, nor any other act or thing which may disturb the quiet enjoyment of any other person lawfully using the public rightofwayright-of-way; .3.7 5.3.7 Lessee shall be solely and fully responsible for the reporting of all hazardous materials releases to the appropriate agencies, when such releases are caused by, or result from, LesseeXxxxxx's activities or by anyone under its direct control or doing work on its behalf other than the City, its employees, subcontractors, and agentsbehalf. Lessee shall take all necessary precautions to prevent any hazardous materials used by Lessee or by anyone under its direct control or doing work on its behalf, from entering into any storm or sewage drain system or from being released within the public rightofwayright-of-way and shall be solely responsible for any cleanup and/remediation required by any federal, state or local agency.