OVERBUILD STATUTE Sample Clauses

OVERBUILD STATUTE. Company acknowledges that there is an ----------------- existing cable television franchise operating in Municipality and Company is aware that Municipality is, or will soon be, negotiating a renewal of that existing franchise. Company also acknowledges that the existing cable television franchisee owns, operates and staffs a studio for Municipality's PEG Users and that it is Municipality's intent to continue to receive PEG support from the existing franchisee in substantially the same form and manner as exists today. Company recognizes that Municipality seeks to receive both PEG access and I-NET services from its cable operator(s) and, where there is more than one cable operator, it is unnecessary for each operator to provide both services. Company agrees that the PEG services and facilities being provided by the existing franchisee are comparable in value to the I-NET services and facilities the Company is obligated to provide pursuant to Section 6.5.1 of this Agreement. Company waives any claim that the provision of I-NET services and facilities as required by Section 6.5.1 of this Agreement, puts Company at a "competitive disadvantage" pursuant to 65 ILCS 5/11-42-11 so long as the existing franchisee is required to continue to provide substantially the same PEG services and facilities, or cash in lieu thereof, as is currently provided.
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OVERBUILD STATUTE. In the event the Village grants an additional franchise to use and occupy the Public Ways for the purposes of operating a Cable System, the additional franchise shall only be granted in accordance with applicable federal, state and local law.
Sample 1

Related to OVERBUILD STATUTE

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  • ADA All Exhibitors shall be responsible for compliance with the Americans with Disabilities Act. The Exhibitor shall hold Show Management and its directors, officers, employees, subcontractors, agents and representatives harmless from any consequences of Exhibitor’s failure in this regard. For more information on the Americans with Disabilities Act and how to make your exhibit accessible to persons with disabilities, please contact: U.S. Department of Justice ADA, Civil Rights Division Disability Rights Section – NYAV950 Xxxxxxxxxxxx Xxxxxx, XX Xxxxxxxxxx, X.X. 00000 Phone: 000.000.0000 (voice) / 800.514.0383 (TTY) Web site: xx.xxxxx.xxx/xxx/xxx/xxxxxx0.xxx Performance of Music and Licenses Exhibits that include the operation of musical equipment, radios, sound motion picture equipment, public address systems or any noisemaking machines must be operated so that the resulting noise will not annoy or disturb adjacent exhibitors and their patrons, and must be approved by Show Management. Speakers and other sound devices should be positioned so as to direct sound into the booth rather than into the aisle. Rule of thumb: Sound and noise should not exceed 85 decibels. Demonstration areas must be organized within the exhibitors’ space so as not to interfere with any aisle traffic. Should spectators of a demonstration interfere with normal traffic flow in the aisle, Show Management will require that the demonstration cease. Exhibitors and vendors are responsible for individual ASCAP/BMI music licensing fees if applicable. Vendors and exhibitors hereby represent that they have, or shall have by the time of the event, obtained all required licenses for the live or recorded performance of music. Exhibitors and/or vendors shall indemnify and hold harmless Show Management, its directors, officers, employees, subcontractors, agents and representatives from and against all claims, costs (including reasonable attorney’s fees), expenses and liabilities arising from breach of the foregoing representations.

  • Statutes Any reference to a statute refers to such statute and all rules and regulations made under it, as it or they may have been or may from time to time be amended or re-enacted, unless stated otherwise.

  • Governmental Rules and Regulations The provisions of this Agreement are subject to any and all present and future statutes, orders, rules and regulations of any duly constituted authority having jurisdiction of the relationship and transactions defined by this Agreement.

  • Ordinances and Statutes Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee.

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  • Environmental Laws and Regulations (a) Except as set forth in Section 3.8 of the Company Disclosure Schedule or as would not have, individually or in the aggregate, a Company Material Adverse Effect: (i) no notice, notification, demand, request for information, citation, summons, complaint or order has been received, no penalty has been assessed, and no investigation, action, claim, suit, proceeding or review is pending or, to the knowledge of the Company, is threatened by any Governmental Entity or other person relating to the Company or any Subsidiary of the Company or against any person or entity whose liability the Company or any of its Subsidiaries has or may have retained or assumed either contractually or by operation of law, and relating to or arising out of any Environmental Law, (ii) the Company and its Subsidiaries are, and except for matters that have been fully resolved with the applicable Governmental Entity, since January 1, 2008 have been in compliance with all Environmental Laws (which compliance includes, but is not limited to, possession of all Company Permits and compliance with the terms and conditions thereof), (iii) the Company is not obligated to conduct or pay for, and is not conducting or paying for, any response, remedial, investigatory or corrective action under any Environmental Law at any location, (iv) there has been no release of Hazardous Materials at any real property currently owned, leased or operated by the Company or any Subsidiary of the Company or, to the knowledge of the Company, formerly owned, leased or operated by the Company or any Subsidiary of the Company or at any offsite disposal location used by the Company or any Subsidiary of the Company to dispose of any Hazardous Materials in concentrations or under circumstances that would require reporting or be reasonably likely to result in investigation, remediation or other corrective or response action by the Company or any Subsidiary of the Company or, to the knowledge of Company and its Subsidiaries, by any person or entity whose liability the Company or any of its Subsidiaries has or may have retained or assumed either contractually or by operation of law, under any Environmental Law, (v) the Company is not party to any order, judgment or decree that imposes any obligations under any Environmental Law, (vi) there have been no ruptures or explosions in the Company Systems resulting in personal injury, loss of life or material property damage, except to the extent any claims related to such ruptures have been resolved and (vii) there are no defects, corrosion or other damage to any of the Company Systems that could reasonably be expected to result in a pipeline integrity failure.

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