Nature of Franchise Sample Clauses

Nature of Franchise. The City hereby grants the Company, subject to the terms and conditions of this Agreement, a nonexclusive franchise providing the Company with the right and the City’s consent to construct, install, use, operate, and/or maintain, the System (authorization to install non-closed path transmission facilities, such as antennae and similar equipment which transmits or receives information wirelessly, within the Inalienable Property is not granted pursuant to this Agreement). The Franchise granted hereunder does not include the right to provide any of the following: (i) Telecommunications Services; (ii) “cable television services” as defined in the authorizing resolution adopted by the Council on May 15, 2012 as Resolution No. 1334, or any successor resolution thereto; (iii) “mobile telecommunications services” as defined in the authorizing resolution adopted by the Council on March 9, 2016 as Resolution No. 935, or any successor resolution thereto; and (iv) “public pay telephones” as defined in the authorizing resolution adopted by the Council on December 21, 2009 as Resolution No. 2309, or any successor resolution thereto.
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Nature of Franchise. (a) The City hereby grants the Company, commencing on the Effective Date and thereafter for the period of the Term, subject to the terms and conditions of this Agreement, a nonexclusive franchise providing the right and consent to install, operate, repair, maintain, remove and replace cable, wire, Fiber (or other transmission medium that may be used in lieu of cable, wire or Fiber) and related equipment and facilities on, over and under the Inalienable Property of the City, for the provision of Mobile Telecommunications Services, provided however, that such grant is expressly limited to the locations, facilities and services described in Section 2.4.2 hereof and Appendix A hereto. (b) Before offering or providing any services using the Facilities, the Company shall obtain any and all regulatory approvals, permits, authorizations or licenses for the offering or provision of such services from the appropriate federal, state and local authorities, if required, and shall submit to DoITT upon the written request of the City evidence of all such approvals, permits, authorizations or licenses.
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Nature of Franchise. (a) City hereby grants Company, subject to the terms and conditions of this Agreement, a nonexclusive franchise providing the right and consent to install, operate, repair, maintain, remove and replace cable, wire, Fiber or other transmission medium that may be used lieu of cable, wire or Fiber for the same purposes and related equipment and facilities on, over and under the Right-of-Way of City in order to provide Telecommunications Services which originate and/or terminate in or transit the Franchise Area. (b) The Telecommunications Services that Company intends (as of the Effective Date) to offer and the Telecommunications Systems that Company intends (as of the Effective Date) to construct, operate and maintain, are set forth in Exhibit A to this Agreement. (c) Before offering or providing any Telecommunications Services pursuant to this franchise, Company shall obtain any and all regulatory approvals, permits, authorizations or licenses for the offering or provision of such Telecommunications Services from the appropriate federal, state and local authorities, if required, and shall submit to City upon the written request of
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Nature of Franchise. On the Effective Date, the Company’s nonexclusive Franchise for the occupation and use of the PROW within the Franchise Area for the construction, operation, maintenance, upgrade, rebuild, enhancement, repair and removal of the System, for the purpose of providing Cable Services in accordance with the provisions of this Agreement, shall commence. The Franchise granted herein shall, consistent with Sections 9.2 and 14.20 hereof, be subject to the terms and conditions of this Agreement.
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Nature of Franchise. On the Effective Date, the Company's nonexclusive franchise for the occupation and use of the Streets within the District for the construction, operation, maintenance, upgrade, repair, and removal of the System, for the purpose of providing Cable Services in accordance with the provisions of this Agreement, shall be deemed to have been renewed and granted for the duration of the Franchise Term described in Section 2.3.02 below, provided that the Closing shall have occurred and the Company shall have fulfilled each of the conditions set forth in Section 2.2.01 hereof. The franchise granted herein does not authorize the Company to provide any Noncable Services (except that this limitation is not intended to limit the City's use of the Institutional Network).
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Nature of Franchise. 7 2.3.2 Effect of Termination .................................. 8 2.3.3 Renewal ................................................ 8 2.4 Conditions and Limitations on Franchise ...................... 8 2.4.1 Not Exclusive .......................................... 8 2.4.2 Construction of System ................................. 9 2.4.3 Public Works and Improvements .......................... 9 2.4.4 No Waiver .............................................. 10 2.4.5 No Release ............................................. 10 2.5 Renegotiation of Agreement ................................... 10 SECTION 3 -- SERVICE ..................................................... 11 3.1 No Interference .............................................. 11
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Nature of Franchise. The franchise granted by the City under the provisions of this Chapter shall be a nonexclusive franchise providing the right and consent to install, repair, maintain, remove and replace its system on, over and under the rights-of-way in order to provide services.
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Nature of Franchise. The City hereby grants the Company for the period of the Term, subject to the terms and conditions of this Use Agreement, a nonexclusive franchise providing the right and consent to install, operate, repair, maintain, remove and replace cable, wire, fiber (or other transmission medium that may be used in lieu of cable, wire or fiber) and related Equipment and facilities on, over and under the City owned Public Way, for the provision of Company’s telecommunications services, provided; however, that such grant is expressly limited to the locations, facilities and services for which the Company receive a permit from the City. Before offering or providing any Services using the facilities, the Company shall obtain any and all regulatory approvals, permits, authorizations and licenses for the offering or provision or such Services from appropriate federal, state, and local authorities, as required, and shall submit to the City evidence of all such approvals, permits, authorizations or licenses.
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Related to Nature of Franchise

  • Nature of Agreement You understand and agree that this letter agreement is a severance agreement and does not constitute an admission of liability or wrongdoing on the part of the Company.

  • Nature of Fees All Fees shall be paid on the dates due, in immediately available funds, to the Administrative Agent, as provided herein and in the fee letters described in Section 2.19. Once paid, none of the Fees shall be refundable under any circumstances.

  • Structure of Agreement The Trust is entering into this Agreement solely on behalf of the Fund or Funds named herein individually and not jointly. Notwithstanding any to the contrary in this Agreement, no breach of any term of this Agreement shall create a right or obligation with respect to any series of the Trust other than the Fund; (b) under no circumstances shall the Adviser have the right to set off claims relating to the Fund by applying property of any other series of the Trust; and (c) the business and contractual relationships created by this Agreement, consideration for entering into this Agreement, and the consequences of such relationship and consideration relate solely to the Trust and the Fund.

  • RECAPTURE OF FUNDS A . At its sole discretion, the System Agency may i) withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s) is not submitted by the due date(s), or ii) require Grantee to promptly refund or credit - within thirty (30) calendar days of written notice - any funds erroneously paid by System Agency which are not expressly authorized under the Contract.

  • Exclusive Nature of Duties The Distributor shall be each Fund's exclusive representative to act as principal underwriter and distributor of its Shares, except that: (a) Each Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of Shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive rights granted to the Distributor to purchase Shares from each Fund shall not apply to Shares issued in connection with the merger or consolidation of any other investment company or personal holding company with a Fund or a Fund's acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Shares of any such company. (c) Such exclusive rights also shall not apply to Shares issued by a Fund pursuant to reinvestment of dividends or capital gains distributions. (d) Such exclusive rights also shall not apply to Shares of any class issued by a Fund pursuant to any conversion, exchange or reinstatement privilege afforded redeeming shareholders or to any other Shares as shall be agreed between the Fund and the Distributor from time to time.

  • Voluntary Nature of Agreement Executive acknowledges and agrees that Executive is executing this Agreement voluntarily and without any duress or undue influence by the Company or anyone else. Executive further acknowledges and agrees that Executive has carefully read this Agreement and that Executive has asked any questions needed for Executive to understand the terms, consequences and binding effect of this Agreement and fully understands it, including that EXECUTIVE IS

  • NATURE OF CONTRACT Execution of this Contract by the Student does not guarantee University Housing. Housing assignments for non-guaranteed students are dependent upon space availability. This Contract shall constitute a license and shall not be deemed to constitute a lease or to create or transfer interest in or lien on real estate. This Contract may not be assigned or transferred.

  • Nature of Liability The liability of each Guarantor hereunder is exclusive and independent of any security for or other guaranty of the Credit Party Obligations of the Borrower whether executed by any such Guarantor, any other guarantor or by any other party, and no Guarantor’s liability hereunder shall be affected or impaired by (a) any direction as to application of payment by the Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the Credit Party Obligations of the Borrower, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the Borrower, or (e) any payment made to the Administrative Agent, the Lenders or any Hedging Agreement Provider on the Credit Party Obligations which the Administrative Agent, such Lenders or such Hedging Agreement Provider repay the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and each of the Guarantors waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

  • Nature of Business Substantially change the nature of the business in which it is presently engaged, nor except as specifically permitted hereby purchase or invest, directly or indirectly, in any assets or property other than in the Ordinary Course of Business for assets or property which are useful in, necessary for and are to be used in its business as presently conducted.

  • RECOGNITION AND MEMBERSHIP 16 Section 1. The Hospital recognizes the Association as the collective bargaining 17 representative with respect to wage rates, hours of work, and other conditions of 18 employment for a bargaining unit composed of all categories of registered nurses 20 Hospital shall not challenge the status of bargaining unit nurses or assert that 21 bargaining unit nurses are supervisors.

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