Operator Access. The Municipality shall provide the Operator with access to and use of the Fitness Centre, Fitness Centre equipment and assets for the sole and limited purpose of conducting the programs anticipated by this Agreement. Additionally the Municipality shall grant the Operator access to the walking track and lower board room for the purpose of conducting programs and supporting the Operator’s membership model.
Operator Access. 14.3.1 With respect to each Network, Operator may interconnect the Leased Fibers with Operator’s network from the Base Station Hotel used for such Network to and among the Nodes associated with that Network. While Operator shall be under no obligation to contract with NextG to interconnect the Leased Fibers with the Operator’s Network, Operator may request that NextG do so. NextG shall promptly evaluate Operator’s interconnection requests and provide Operator a quote for performing the necessary work. NextG shall perform no such work until Operator has agreed to the quoted terms. Once agreed, NextG will implement the interconnection as soon as reasonably practicable. Notwithstanding anything to the contrary in this Section 14.3.1 or elsewhere in this Agreement, but subject to Operator’s rights to use, access, maintain, and control the Leased Fiber during the Lease Term in accordance with the terms of this Agreement, Operator expressly acknowledges and agrees that only NextG and NextG’s authorized personnel may access, maintain, and control each Fiber System (other than the Leased Fiber, as provided in this Agreement) and all associated hardware and equipment connected to each Fiber System.
14.3.2 [***]. If all or part of the Fiber System (including any Leased Fiber) requires restoration, replacement, or repair because of the actions or omissions of Operator or Operator’s employees, agents, or contractors, then NextG may perform such restoration, replacement, or repair, at Operator’s sole costs and expense, in accordance with NextG’s then current time-and-materials rates plus applicable taxes.
14.3.3 In addition to any other available remedies, Operator shall indemnify, defend, and hold harmless NextG from and against any Claims associated in any manner with Operator’s direct, indirect, authorized, and/or unauthorized restoration, replacement, repair, or other work on the Fiber System, including Leased Fibers, and Operator will fully and promptly reimburse NextG for any and all damage to the Fiber System, including the Leased Fibers, resulting from, caused by, or arising out of any such work.
Operator Access. (a) To facilitate Operator and its activities with respect to any OM&R Obligations required to be performed by Operator and any Operator Person, including any Operator obligations in connection with Performance Demonstration or performance of the Operator Infrastructure Integration Requirements, each of Project Co and LRV Supplier (as the case may be) shall provide reasonable access to Operator and any Operator Person to perform the activities contemplated in the Operator Protocols. Without limiting the generality of the foregoing, from and after the date of this Agreement, Project Co and LRV Supplier shall, acting reasonably, accommodate requests from Operator to enter upon the Lands or to access the LRVs in order that Operator may sufficiently discharge its obligations under this Agreement (including, for greater certainty, its obligations as set out in the Operator Protocols) and any obligations set out in the Services Contract. For certainty and without limiting the generality of the foregoing:
(i) Project Co shall grant access to the relevant Infrastructure to the Operator prior to Construction Completion and shall provide support to the Operator from and after the ICS Integration Ready Date in order to enable the Operator to install the Integrated Control System in order that such system may be completed and installed within 180 days after Construction Completion; and
(ii) LRV Supplier shall grant access to the LRVs that have been delivered to the Xxxxx Xxxxxx OMF Stage 2 in order to enable Operator to provide support to LRV Supplier in connection with LRV Commissioning.
(b) Neither Project Co nor Operator shall materially impede the ability of LRV Supplier or any LRV Supplier Person to carry out any of the activities contemplated in the LRV Supplier Protocols; provided, however, that, prior to each of Phase 1 Construction Completion and Construction Completion, Operator and all Operator Persons and LRV Supplier and all LRV Supplier Persons shall:
(i) at all times adhere to the directions, procedures and safety guidelines established by Project Co or any Project Co Person for Xxxxx Xxxxxx OMF Stage 2, the Lands, the Infrastructure and the Project; and
(ii) if required by Project Co or any Project Co Person, confine their activities to a specified location on Xxxxx Xxxxxx OMF Stage 2 or the Lands or remove themselves from Xxxxx Xxxxxx OMF Stage 2 or the Lands if, in the discretion of Project Co or any Project Co Person, acting reasonably, the presence...
Operator Access. Operator and its employees shall have full, free, and unrestricted access to the Facility during the term of this Agreement.
