Common use of Non-Exclusive Rights/Priority Rights Clause in Contracts

Non-Exclusive Rights/Priority Rights. 3.1 This grant is not exclusive and nothing herein contained shall be construed to prevent City from granting other like or similar grants or privileges to any other person, firm or corporation, or to deny to or lessen the powers and privileges granted City under the Constitution and laws of the State of Arizona. 3.2 Any and all rights granted to PAETEC shall be subject to the prior and continuing right of City to use the ROW exclusively or concurrently, with any other person or persons, and to manage City’s own Facilities. Any and all rights granted to PAETEC shall also be subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims to title which may affect public property. Nothing in this License shall be construed to grant, convey, create or vest a perpetual real property interest in land to PAETEC, including any fee or leasehold interest, easement, or any franchise rights. 3.3 Any right or privilege claimed pursuant to this Agreement by PAETEC for any use of any public ROW shall be subordinate to: A) any prior or subsequent lawful occupancy or use thereof by the City or any other governmental entity; B) any prior lawful occupancy or use thereof by any other person; C) and to any prior easements therein, provided however, that nothing herein shall extinguish or otherwise interfere with property rights established independently of this Agreement. 3.4 There is hereby reserved to City every right and power required pursuant to this Agreement to be herein reserved or provided by any lawful ordinance or the Charter of the City, and PAETEC by its execution of this Agreement agrees to be bound thereby and to comply with any lawful action or lawful requirements of the City in its exercise of such rights or power, heretofore or hereinafter enacted or established. Neither the granting of any Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any lawful governmental right or power of City. 3.5 By executing this Agreement, City does not waive any rights that it may have against any public utility or other property owner to require that such owners obtain prior approval from the City for such uses of their property or facilities, or that revenues received by any public utility or other property owner from PAETEC, by virtue of PAETEC’s use of their property or facilities be included in the computation of any use agreement fees owed by such parties to the City. 3.6 Nothing in this Agreement shall be construed to prevent the City from abandoning, altering, improving, repairing, or maintaining its Facilities and/or the ROW, and for that purpose to require PAETEC, at no expense to the City, to remove, relocate or abandon in place PAETEC’s Facilities in order to accommodate the activities of the City. The City shall not be liable for lost revenues sustained by PAETEC, however caused, because of damage, modification, alteration, or destruction of its Facilities in the ROW, when such costs or lost revenues result from the construction, operation, and/or maintenance of City facilities and/or the ROW, provided that the activities resulting in such costs or lost revenues are conducted in accordance with applicable laws and regulations.

Non-Exclusive Rights/Priority Rights. 3.1 This grant is not exclusive and nothing herein contained shall be construed to prevent City from granting other like or similar grants or privileges to any other person, firm or corporation, or to deny to or lessen the powers and privileges granted City under the Constitution and laws of the State of Arizona. 3.2 Any and all rights granted to PAETEC Alluvion shall be subject to the prior and continuing right of City to use the ROW exclusively or concurrently, with any other person or persons, and to manage City’s own Facilities. Any and all rights to occupy the ROW granted to PAETEC Alluvion shall also be subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims to title which may affect public property. Nothing in this License shall be construed to grant, convey, create or vest a perpetual real property interest in land to PAETECAlluvion, including any fee or leasehold interest, easement, or any franchise rights. 3.3 Any right or privilege claimed pursuant to this Agreement by PAETEC Alluvion for any use of any public ROW shall be subordinate to: A) any prior or subsequent lawful occupancy or use thereof by the City or any other governmental entity; B) any prior lawful occupancy or use thereof by any other person; C) and to any prior easements therein, provided however, that nothing herein shall extinguish or otherwise interfere with property rights established independently of this Agreement. 3.4 There is hereby reserved to City every right and power required pursuant to this Agreement to be herein reserved or provided by any lawful ordinance or the Charter of the City, and PAETEC Alluvion by its execution of this Agreement agrees to be bound thereby and to comply with any lawful action or lawful requirements of the City in its exercise of such rights or power, heretofore or hereinafter enacted or established. Neither the granting of any Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any lawful governmental right or power of City. 3.5 By executing this Agreement, City does not waive any rights that it may have against any public utility or other property owner to require that such owners obtain prior approval from the City for such uses of their property or facilities, or that revenues received by any public utility or other property owner from PAETECAlluvion, by virtue of PAETECAlluvion’s use of their property or facilities be included in the computation of any use agreement fees owed by such parties to the City. 3.6 Nothing in this Agreement shall be construed to prevent the City from abandoning, altering, improving, repairing, or maintaining its Facilities and/or the ROW, and for that purpose to require PAETECAlluvion, at no expense to the City, to remove, relocate or abandon in place PAETECAlluvion’s Facilities in order to accommodate the activities of the City. The City shall not be liable for lost revenues sustained by PAETECAlluvion, however caused, because of damage, modification, alteration, or destruction of its Facilities in the ROW, when such costs or lost revenues result from the construction, operation, and/or maintenance of City facilities and/or the ROW, provided that the activities resulting in such costs or lost revenues are conducted in accordance with applicable laws and regulations.

Non-Exclusive Rights/Priority Rights. 3.1 This grant is not exclusive and nothing herein contained shall be construed to prevent City from granting other like or similar grants or privileges to any other person, firm or corporation, or to deny to or lessen the powers and privileges granted City under the Constitution and laws of the State of Arizona. 3.2 Any and all rights granted to PAETEC XXX shall be subject to the prior and continuing right of City to use the ROW exclusively or concurrently, with any other person or persons, and to manage City’s own Facilitiesfacilities. Any and all rights granted to PAETEC XXX shall also be subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims to title which may affect public property. Nothing in this License shall be construed to grant, convey, create or vest a perpetual real property interest in land to PAETECXXX, including any fee or leasehold interest, easement, or any franchise rights. 3.3 Any right or privilege claimed pursuant to this Agreement by PAETEC XXX for any use of any public ROW shall be subordinate to: A) any prior or subsequent lawful occupancy or inner duct use thereof by the City or any other governmental entitygranted under the prior license; B) any prior lawful occupancy or use thereof by any other governmental entity or other person; C) and to any prior easements therein, provided however, that nothing herein shall extinguish or otherwise interfere with property rights established independently of this Agreement. 3.4 There is hereby reserved to City every right and power required pursuant to this Agreement to be herein reserved or provided by any lawful ordinance or the Charter of the City, and PAETEC XXX by its execution of this Agreement agrees to be bound thereby and to comply with any lawful action or lawful requirements of the City in its exercise of such rights or power, heretofore or hereinafter enacted or established. Neither the granting of any Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any lawful governmental right or power of City. 3.5 By executing this Agreement, City does not waive any rights that it may have against any public utility or other property owner to require that such owners obtain prior approval from the City for such uses of their property or facilities, or that revenues received by any public utility or other property owner from PAETEC, by virtue of PAETEC’s use of their property or facilities be included in the computation of any use agreement fees owed by such parties to the City. 3.6 Nothing in this Agreement shall be construed to prevent the City from abandoning, altering, improving, repairing, or maintaining its Facilities facilities and/or the ROW, and for that purpose to require PAETECXXX, at no expense to the City, to remove, relocate or abandon in place PAETECELI’s Facilities in order to accommodate the activities of the City. The City shall not be liable for lost revenues sustained by PAETECXXX, however caused, because of damage, modification, alteration, or destruction of its Facilities in the ROW, when such costs or lost revenues result from the construction, operation, and/or maintenance of City facilities and/or the ROW, provided that the activities resulting in such costs or lost revenues are conducted in accordance with applicable laws and regulations.

Non-Exclusive Rights/Priority Rights. 3.1 This grant is not exclusive and nothing herein contained shall be construed to prevent City from granting other like or similar grants or privileges to any other person, firm or corporation, or to deny to or lessen the powers and privileges granted City under the Constitution and laws of the State of Arizona. 3.2 Any and all rights granted to PAETEC AT&T shall be subject to the prior and continuing right of City to use the ROW exclusively or concurrently, with any other person or persons, and to manage City’s own Facilities. Any and all rights to occupy the ROW granted to PAETEC AT&T shall also be subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims to title which may affect public property. Nothing in this License shall be construed to grant, convey, create or vest a perpetual real property interest in land to PAETECAT&T, including any fee or leasehold interest, easement, or any franchise rights. 3.3 Any right or privilege claimed pursuant to this Agreement by PAETEC AT&T for any use of any public ROW shall be subordinate to: A) any prior or subsequent lawful occupancy or use thereof by the City or any other governmental entity; B) any prior lawful occupancy or use thereof by any other person; C) and to any prior easements therein, provided however, that nothing herein shall extinguish or otherwise interfere with property rights established independently of this Agreement. 3.4 There is hereby reserved to City every right and power required pursuant to this Agreement to be herein reserved or provided by any lawful ordinance or the Charter of the City, and PAETEC AT&T by its execution of this Agreement agrees to be bound thereby and to comply with any lawful action or lawful requirements of the City in its exercise of such rights or power, heretofore or hereinafter enacted or established. Neither the granting of any Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any lawful governmental right or power of City. 3.5 By executing this Agreement, City does not waive any rights that it may have against any public utility or other property owner to require that such owners obtain prior approval from the City for such uses of their property or facilities, or that revenues received by any public utility or other property owner from PAETECAT&T, by virtue of PAETECAT&T’s use of their property or facilities be included in the computation of any use agreement fees owed by such parties to the City. 3.6 Nothing in this Agreement shall be construed to prevent the City from abandoning, altering, improving, repairing, or maintaining its Facilities City facilities and/or the ROW, and for that purpose to require PAETECAT&T, at no expense to the City, to remove, relocate or abandon in place PAETECAT&T’s Facilities in order to accommodate the activities of the City. Those activities or projects which are reimbursable under United States Code of Federal Regulations, 23 CFR 645A will be reimbursed to AT&T by the City to the extent the City has received such funds designated for the removal and/or relocation of AT&T’s Facilities. The City shall not be liable for lost revenues sustained by PAETECAT&T, however caused, because of damage, modification, alteration, or destruction of its Facilities in the ROW, when such costs or lost revenues result from the construction, operation, and/or maintenance of City facilities and/or the ROW, provided that the activities resulting in such costs or lost revenues are conducted in accordance with applicable laws and regulations.

Non-Exclusive Rights/Priority Rights. 3.1 This grant license is not exclusive and nothing herein contained shall be construed to prevent City from granting other like or similar grants permissions or privileges to any other person, firm or corporation, or to deny to or lessen the powers and privileges granted City under the Constitution and laws of the State of Arizona. 3.2 Any and all rights granted to PAETEC Company under this Agreement, which shall be exercised at Company’s sole cost and expense, shall be subject to the prior and continuing right of City to use the ROW exclusively or concurrently, with any other person or persons, entity and to manage City’s own Facilities. Any and all rights granted to PAETEC shall also be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims to of title which may affect the ROW or public property. Nothing in this License Agreement shall be construed to grant, convey, create or vest a perpetual real property interest in land to PAETECCompany, including any fee or leasehold interest, easement, or any franchise rights. 3.3 Any right or privilege claimed pursuant to this Agreement by PAETEC Company for any use of any public ROW shall be subordinate to: A) any prior or subsequent lawful occupancy or use thereof by the City or any other governmental entity; B) any prior lawful occupancy or use thereof by any other person; C) and to any prior easements therein, provided however, that nothing herein shall extinguish or otherwise interfere with property rights established independently of this Agreement. 3.4 There is hereby reserved to City every right and power required pursuant to this Agreement to be herein that is reserved or provided by any lawful ordinance or the Charter of the City, and PAETEC . Company by its execution of this Agreement agrees to be bound thereby and to comply with any lawful action or lawful requirements of the City in its exercise of such rights or power, heretofore or hereinafter enacted or established. Neither the granting of any Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any lawful governmental right or power of City. 3.5 By executing this Agreement, City does not waive any rights that it may have against any public utility or other property owner to require that such owners obtain prior approval from the City for such uses of their property or facilities, or that revenues received by any public utility or other property owner from PAETECCompany, by virtue of PAETECCompany’s use of their property or facilities be included in the computation of any use agreement fees owed by such parties to the City. 3.6 Nothing in this Agreement shall be construed to prevent the City from abandoning, altering, improving, repairing, or maintaining its Facilities facilities and/or the ROW, and for that purpose to require PAETECCompany, at no expense to the City, to remove, relocate or abandon in place PAETECCompany’s Facilities in order to accommodate the activities of the CityCity at Company’s expense. The City shall not be liable for lost revenues sustained by PAETECCompany, however caused, because of damage, modification, alteration, or destruction of its Facilities in the ROW, when such costs or lost revenues result from the construction, operation, and/or maintenance of City facilities and/or the ROW, provided that the activities resulting in such costs or lost revenues are conducted in accordance with applicable laws and regulations.

Non-Exclusive Rights/Priority Rights. 3.1 This grant is not exclusive and nothing herein contained shall be construed to prevent City from granting other like or similar grants or privileges to any other person, firm or corporation, or to deny to or lessen the powers and privileges granted City under the Constitution and laws of the State of Arizona. 3.2 Any and all rights granted to PAETEC Trucom shall be subject to the prior and continuing right of City to use the ROW exclusively or concurrently, with any other person or persons, and to manage City’s own Facilities. Any and all rights granted to PAETEC Trucom shall also be subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims to title which may affect public property. Nothing in this License shall be construed to grant, convey, create or vest a perpetual real property interest in land to PAETECTrucom, including any fee or leasehold interest, easement, or any franchise rights. 3.3 Any right or privilege claimed pursuant to this Agreement by PAETEC Trucom for any use of any public ROW shall be subordinate to: A) any prior or subsequent lawful occupancy or use thereof by the City or any other governmental entity; B) any prior lawful occupancy or use thereof by any other person; C) and to any prior easements therein, provided however, that nothing herein shall extinguish or otherwise interfere with property rights established independently of this Agreement. 3.4 There is hereby reserved to City every right and power required pursuant to this Agreement to be herein reserved or provided by any lawful ordinance or the Charter of the City, and PAETEC Trucom by its execution of this Agreement agrees to be bound thereby and to comply with any lawful action or lawful requirements of the City in its exercise of such rights or power, heretofore or hereinafter enacted or established. Neither the granting of any Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any lawful governmental right or power of City. 3.5 By executing this Agreement, City does not waive any rights that it may have against any public utility or other property owner to require that such owners obtain prior approval from the City for such uses of their property or facilities, or that revenues received by any public utility or other property owner from PAETECTrucom, by virtue of PAETECTrucom’s use of their property or facilities be included in the computation of any use agreement fees owed by such parties to the City. 3.6 Nothing in this Agreement shall be construed to prevent the City from abandoning, altering, improving, repairing, or maintaining its Facilities and/or the ROW, and for that purpose to require PAETECTrucom, at no expense to the City, to remove, relocate or abandon in place PAETECTrucom’s Facilities in order to accommodate the activities of the City. The City shall not be liable for lost revenues sustained by PAETECTrucom, however caused, because of damage, modification, alteration, or destruction of its Facilities in the ROW, when such costs or lost revenues result from the construction, operation, and/or maintenance of City facilities and/or the ROW, provided that the activities resulting in such costs or lost revenues are conducted in accordance with applicable laws and regulations.

Non-Exclusive Rights/Priority Rights. 3.1 This grant is not exclusive and nothing herein contained shall be construed to prevent City from granting other like or similar grants or privileges to any other person, firm or corporation, or to deny to or lessen the powers and privileges granted City under the Constitution and laws of the State of Arizona. 3.2 Any and all rights granted to PAETEC MCI shall be subject to the prior and continuing right of City to use the ROW exclusively or concurrently, with any other person or persons, and to manage City’s own Facilitiesfacilities. Any and all rights granted to PAETEC MCI shall also be subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims to title which may affect public property. Nothing in this License shall be construed to grant, convey, create or vest a perpetual real property interest in land to PAETECMCI, including any fee or leasehold interest, easement, or any franchise rights. 3.3 Any right or privilege claimed pursuant to this Agreement by PAETEC MCI for any use of any public ROW shall be subordinate to: A) any prior or subsequent lawful occupancy or use thereof by the City or any other governmental entity; B) any prior lawful occupancy or use thereof by any other person; and C) and to any prior easements therein, provided however, that nothing herein shall extinguish or otherwise interfere with property rights established independently of this Agreement. 3.4 There is hereby reserved to City every right and power required pursuant to this Agreement to be herein reserved or provided by any lawful ordinance or the Charter of the City, and PAETEC MCI by its execution of this Agreement agrees to be bound thereby and to comply with any lawful action or lawful requirements of the City in its exercise of such rights or power, heretofore or hereinafter enacted or established. Neither the granting of any Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any lawful governmental right or power of City. 3.5 By executing this Agreement, City does not waive any rights that it may have against any public utility or other property owner to require that such owners obtain prior approval from the City for such uses of their property or facilities, or that revenues received by any public utility or other property owner from PAETEC, by virtue of PAETEC’s use of their property or facilities be included in the computation of any use agreement fees owed by such parties to the City. 3.6 Nothing in this Agreement shall be construed to prevent the City from abandoning, altering, improving, repairing, or maintaining its Facilities facilities and/or the ROW, and for that purpose to require PAETECMCI, at no expense to the City, to remove, relocate or abandon in place PAETECMCI’s Facilities in order to accommodate the activities of the City. The City shall not be liable for lost revenues sustained by PAETECMCI, however caused, because of damage, modification, alteration, or destruction of its Facilities in the ROW, when such costs or lost revenues result from the construction, operation, and/or maintenance of City facilities and/or the ROW, provided that the activities resulting in such costs or lost revenues are conducted in accordance with applicable laws and regulations.

Non-Exclusive Rights/Priority Rights. 3.1 This grant is not exclusive and nothing herein contained shall be construed to prevent City from granting other like or similar grants or privileges to any other person, firm or corporation, or to deny to or lessen the powers and privileges granted City under the Constitution and laws of the State of Arizona. 3.2 Any and all rights granted to PAETEC XO shall be subject to the prior and continuing right of City to use the ROW exclusively or concurrently, with any other person or persons, and to manage City’s own Facilities. Any and all rights granted to PAETEC XO shall also be subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims to title which may affect public property. Nothing in this License shall be construed to grant, convey, create or vest a perpetual real property interest in land to PAETECXO, including any fee or leasehold interest, easement, or any franchise rights. 3.3 Any right or privilege claimed pursuant to this Agreement by PAETEC XO for any use of any public ROW shall be subordinate to: A) any prior or subsequent lawful occupancy or use thereof by the City or any other governmental entity; B) any prior lawful occupancy or use thereof by any other person; C) and to any prior easements therein, provided however, that nothing herein shall extinguish or otherwise interfere with property rights established independently of this Agreement. 3.4 There is hereby reserved to City every right and power required pursuant to this Agreement to be herein reserved or provided by any lawful ordinance or the Charter of the City, and PAETEC XO by its execution of this Agreement agrees to be bound thereby and to comply with any lawful action or lawful requirements of the City in its exercise of such rights or power, heretofore or hereinafter enacted or established. Neither the granting of any Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any lawful governmental right or power of City. 3.5 By executing this Agreement, City does not waive any rights that it may have against any public utility or other property owner to require that such owners obtain prior approval from the City for such uses of their property or facilities, or that revenues received by any public utility or other property owner from PAETECXO, by virtue of PAETECXO’s use of their property or facilities be included in the computation of any use agreement fees owed by such parties to the City. 3.6 Nothing in this Agreement shall be construed to prevent the City from abandoning, altering, improving, repairing, or maintaining its Facilities and/or the ROW, and for that purpose to require PAETECXO, at no expense to the City, to remove, relocate or abandon in place PAETECXO’s Facilities in order to accommodate the activities of the City. Such decision to ask XO to remove, relocate or abandon in place XO’s Facilities in order to accommodate the activities of the City shall be thoughtfully considered and the City shall use reasonable efforts to avoid repeated impact on XO’s Facilities. The City shall not be liable for lost revenues sustained by PAETECXO, however caused, because of damage, modification, alteration, or destruction of its Facilities in the ROW, when such costs or lost revenues result from the construction, operation, and/or maintenance of City facilities and/or the ROW, provided that the activities resulting in such costs or lost revenues are conducted in accordance with applicable laws and regulations.