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. If Provider is reasonably likely to become subject to regulation as a public Utility, then the Parties shall use all reasonable efforts to restructure their relationship under this Agreement in a manner that preserves their relative economic interests while ensuring that Provider does not become subject to any such regulation.

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 utility or similar entity. Neither Party shall assert in any proceeding before a court or regulatory body Governmental Authority that the other Party is a public Utility utility by virtue of such other Party’s performance under this agreement. If Provider is reasonably likely to become subject to regulation as a public Utilityutility, then the Parties shall use all reasonable efforts to restructure their relationship under this Agreement in a manner that preserves their relative economic interests while ensuring that Provider does not become subject to any such regulation.

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 governmental agency in a public Utility or similar entitymanner contrary to this Agreement. Neither Party shall assert in any proceeding before a court or regulatory body that the other Party is a public Utility utility by virtue of such other Party’s performance under this agreementAgreement. If Provider Seller is reasonably likely to become subject to regulation as a public Utilityutility, then the Parties shall use all reasonable efforts to restructure their relationship under this Agreement in a manner that preserves their relative economic interests while ensuring and attempts to ensure that Provider Seller does not become subject to any such regulation. If the Parties are unable to agree upon such restructuring, Seller shall have the right to terminate this Agreement.