LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate an underground eighteen inch (18”) ductile iron pipe encased in a thirty six inch (36”) steel casing for transporting and conveying class A reclaimed water only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Cheney, Spokane County, State of Washington ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 24, 2022, attached hereto as Exhibit A and made a part hereof. B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for an underground eighteen inch (18”) ductile iron pipe encased in a thirty six inch (36”) steel casing for transporting and conveying class A reclaimed water, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.
Appears in 2 contracts
Samples: Right of Way Agreement, Pipeline Crossing Agreement
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate an underground eighteen 12 inch (18”) ductile iron pipe PVC pipeline encased in a thirty six 20 inch (36”) steel casing pipe for transporting and conveying class A reclaimed water only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in CheneyConroe, Spokane Xxxxxxxxxx County, State of Washington Texas ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 2412, 20222020, attached hereto as Exhibit A and made a part hereof.
B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for an underground eighteen 12 inch (18”) ductile iron pipe PVC pipeline encased in a thirty six 20 inch (36”) steel casing pipe for transporting and conveying class A reclaimed water, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.
C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.
Appears in 1 contract
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate an underground eighteen one (1) 10 inch (18”) ductile iron plastic water pipe encased in a thirty six 20 inch (36”) steel casing for transporting and conveying class A reclaimed water pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in CheneyWoodland, Spokane Yolo County, State of Washington California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 24November 20, 20222019, attached hereto as Exhibit A and made a part hereof.
B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for an underground eighteen one
(1) 10 inch (18”) ductile iron plastic water pipe encased in a thirty six 20 inch (36”) steel casing for transporting and conveying class A reclaimed waterpipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.
C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.
Appears in 1 contract
Samples: Right of Way Agreement
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate an one (1) underground eighteen inch (18”) ductile iron pipe encased in a thirty six inch (36”) steel casing for transporting and conveying class A reclaimed water fiber optic wireline crossing only, including any appurtenances required for the operation of said pipeline wireline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in CheneyRaymond, Spokane Lancaster County, State of Washington Nebraska ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 24February 19, 20222024, attached hereto as Exhibit A and made a part hereof.
B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for an one (1) underground eighteen inch (18”) ductile iron pipe encased in a thirty six inch (36”) steel casing for transporting and conveying class A reclaimed waterfiber optic wireline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other usepurpose, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.
C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.
D. Under no circumstances shall Licensee modify Licensee’s Facilities or add additional wirelines to the conduit(s), if any, or allow any third-parties to modify Licensee’s Facilities or add additional wirelines to the conduit(s), if any, without Licensor’s prior review and approval, which may be withheld in Licensor’s sole discretion. Any application to modify Licensee’s Facilities or add additional wirelines to the conduit(s) shall be made in accordance with Licensor’s then-current wireline crossing application procedures.
Appears in 1 contract
Samples: Construction Agreement
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate an underground eighteen inch one (18”1) ductile iron pipe encased in a thirty six inch overhead twelve point four seven kilovolt (36”12.47kV) steel casing for transporting and conveying class A reclaimed water transmission wireline crossing only, including any appurtenances required for the operation of said pipeline wireline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in CheneyHyrum, Spokane Cache County, State of Washington Utah ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 24January 4, 20222024, attached hereto as Exhibit A and made a part hereof.
B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for an underground eighteen inch one (18”1) ductile iron pipe encased in a thirty six inch overhead twelve point four seven kilovolt (36”12.47kV) steel casing for transporting and conveying class A reclaimed watertransmission wireline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other usepurpose, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.
C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.
D. Under no circumstances shall Licensee modify Licensee’s Facilities or add additional wirelines to the conduit(s), if any, or allow any third-parties to modify Licensee’s Facilities or add additional wirelines to the conduit(s), if any, without Licensor’s prior review and approval, which may be withheld in Licensor’s sole discretion. Any application to modify Licensee’s Facilities or add additional wirelines to the conduit(s) shall be made in accordance with Licensor’s then-current wireline crossing application procedures.
Appears in 1 contract
Samples: Construction Agreement
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate an underground eighteen one (1) fifteen inch (18”15") ductile iron plastic pipe encased cased in a thirty six inch (36”30") steel pipe casing for transporting and conveying class A reclaimed water an underground sewer pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in CheneyKerman, Spokane Fresno County, State of Washington California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 24January 10, 20222023, attached hereto as Exhibit A and made a part hereof.
B. . Licensee represents and warrants that Licensee's Facilities will (i) only be used for an underground eighteen one (1) fifteen inch (18”15") ductile iron plastic pipe encased cased in a thirty six inch (36”30") steel pipe casing for transporting and conveying class A reclaimed wateran underground sewer pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.
C. A. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.
Appears in 1 contract
Samples: Pipeline Crossing Agreement
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate an underground eighteen one (1) thirty two inch (18”) ductile iron pipe HDPE storm water pipeline encased in a thirty six forty two inch (36”) steel casing for transporting and conveying class A reclaimed water only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in CheneyLittle Mountain, Spokane Xxxxx County, State of Washington Utah ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 24March 27, 20222019, attached hereto as Exhibit A and made a part hereof.
B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for an underground eighteen one
(1) thirty two inch (18”) ductile iron pipe HDPE storm water pipeline encased in a thirty six forty two inch (36”) steel casing for transporting and conveying class A reclaimed watercasing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.
C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.
Appears in 1 contract
Samples: Right of Way Agreement
LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate an one (1) 18- inch plastic domestic sewage underground eighteen inch (18”) ductile iron pipe encased in a thirty six 28-inch (36”) steel casing for transporting and conveying class A reclaimed water pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in CheneyWoodland, Spokane Yolo County, State of Washington California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 24November 13, 20222020, attached hereto as Exhibit A and made a part hereof.
B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for an one
(1) 18-inch plastic domestic sewage underground eighteen inch (18”) ductile iron pipe encased in a thirty six 28-inch (36”) steel casing for transporting and conveying class A reclaimed waterpipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.
C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.
Appears in 1 contract
Samples: Right of Way Agreement