Common use of Non-Dedication of Facilities Clause in Contracts

Non-Dedication of Facilities. Nothing herein shall be construed as the dedication by either Party of its facilities or equipment to the public or any part thereof. Neither Party shall knowingly take any action that would subject the other Party, or other Party’s facilities or equipment, to the jurisdiction of any Governmental Authority as a public utility or similar entity. Neither Party shall assert in any proceeding before a court or regulatory body that the other Party is a public utility by virtue of such other Party’s performance under this agreement.

Non-Dedication of Facilities. Nothing herein shall be construed as the dedication by either Party of its facilities or equipment to the public or any part thereof. Neither Party shall knowingly take any action ac- tion that would subject the other Party, or other Party’s facilities or equipment, to the jurisdiction ju- risdiction of any Governmental Authority as a public utility or similar entity. Neither Party Par- ty shall assert in any proceeding before a court or court, regulatory body or any other Governmen- tal Authority or other adjudicator that the other Party is a public utility by virtue of such other Party’s performance under this agreementDevelopment Agreement.

Non-Dedication of Facilities. ‌ Nothing herein shall be construed as the dedication by either Party of its facilities or equipment to the public or any part thereof. Neither Party shall knowingly take any action ac- tion that would subject the other Party, or other Party’s facilities or equipment, to the jurisdiction ju- risdiction of any Governmental Authority as a public utility or similar entity. Neither Party Par- ty shall assert in any proceeding before a court or court, regulatory body or any other Governmen- tal Authority or other adjudicator that the other Party is a public utility by virtue of such other Party’s performance under this agreementDevelopment Agreement.