Peaceful Enjoyment, Use and Access Sample Clauses

Peaceful Enjoyment, Use and Access. Incumbent shall grant to PathNet the right to the peaceful use, enjoyment and possession of the Leased Premises during the term of this Agreement as required for the performance of PathNet's rights and obligations under this Agreement, which rights shall include, but not be limited to (i) the right to use Incumbent's Facilities for the purposes set forth in this Agreement and (ii) upon the reasonable request by PathNet, the right to full and free access to Incumbent's sites, Facilities and related equipment; PROVIDED, HOWEVER, any such access granted by Incumbent to PathNet shall be subject to the security, health and safety and other regulatory, procedural and policy requirements of Incumbent, as set forth in SECTION 5.6 and further provided that PathNet shall have the right to access the sites to supplement Incumbent's performance under the Maintenance Services Agreement.
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Peaceful Enjoyment, Use and Access. Incumbent shall grant to PathNet the right to the peaceful use, enjoyment and possession of the Facilities during the term of this Agreement as required for the performance of PathNet's rights and obligations under this Agreement, which rights shall include, but not be limited to (i) the right to use Incumbent's Facilities and (ii) upon the reasonable request by PathNet, the right to full and free access to Incumbent's Facilities and related equipment; PROVIDED, HOWEVER, any such access granted by Incumbent to PathNet shall be subject to the security, health and safety and other regulatory, procedural and policy requirements of Incumbent, as set forth in SECTION 5.4. PathNet's continuous and uninterrupted non-use of the Facilities for purposes described in this Agreement for one (1) year shall be sufficient to demonstrate abandonment unless PathNet shall have notified Incumbent in writing of its reasons for non-use.
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Peaceful Enjoyment, Use and Access. Incumbent shall grant to Pathnet the right to the peaceful use, enjoyment and possession of the Leased Premises during the term of this Agreement as required for the performance of Pathnet's rights and obligations under this Agreement, provided (i) such performance shall not unreasonably inhibit Incumbent from performing its current and future operations at the Leased Premises and (ii) Incumbent's current and future operations shall comply with the Interference provisions set forth in Section 5.4.2 of this Agreement. Such rights shall include, but not be limited to, (i) the right to use Incumbent's Facilities and (ii) upon the reasonable request by Pathnet, the right to full and free access to Incumbent's Sites, Facilities and related equipment; provided, however, any such access granted by Incumbent to Pathnet (a) shall be subject to the security, health and safety and other regulatory, procedural and policy requirements of Incumbent, as set forth in Section 5.6 and (b) shall not unreasonably interfere with the access rights granted to third party telecommunication providers prior to the Effective Date as set forth in Schedule I. Pathnet shall not make or permit any use of the Leased Premises, or any part thereof, which violates any applicable statute, ordinance, regulation, or other requirement of any Governmental Authority or which constitutes a nuisance, public or private, or which may render void or voidable, as a result of Pathnet's negligent use of such Leased Premises, any of Incumbent's insurance then in place.
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Peaceful Enjoyment, Use and Access. Subject to the terms of Incumbent's site leases Pathnet shall have the right to the non-exclusive peaceful use and enjoyment of the Facilities during the term of this Agreement as required for the performance of Pathnet's rights and obligations under this Agreement, which rights shall include, but not be limited to (i) the right to use the Facilities and Equipment and (ii) upon the reasonable request by Pathnet, the right to full and free access to the Facilities and related equipment; provided, however, any such access granted by the LLC to Pathnet shall be subject to the reasonable security, health and safety and other regulatory, procedural and policy requirements implemented by Incumbent, and provided to Pathnet from time to time, provided Pathnet shall have twenty (20) days after receipt of any such policy or procedure to comply therewith. In the event the terms of Incumbent's site leases materially and adversely affect Pathnet's ability to perform its obligations under this Agreement, the LLC shall, or the LLC shall cause Incumbent to, (x) use best efforts to amend any such lease or otherwise renegotiate any limitations thereto or (y) use commercially reasonable efforts to lease or acquire an alternative Facility location in order that Pathnet may perform hereunder. If and to the extent the LLC is not able, or the LLC is not able to cause Incumbent to (i) amend or otherwise re-negotiate the site leases or (ii) provide an alternative Facility available for the installation and operation of the System, Pathnet shall have, as its sole and exclusive remedy, the unilateral right but no obligation to terminate this Agreement as to any Segment without any further recourse against LLC or Incumbent hereunder.
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Related to Peaceful Enjoyment, Use and Access

  • Peaceful Enjoyment Tenant shall, and may peacefully have, hold, and enjoy the Premises, subject to the other terms hereof, provided that Tenant pays the Rent and other sums herein recited to be paid by Tenant and timely performs all of Tenant’s covenants and agreements herein contained. This covenant and any and all other covenants of Landlord shall be binding upon Landlord and its successors only with respect to breaches occurring during its or their respective periods of ownership of the Landlord’s interest hereunder.

  • Premises Parking and Common Areas 2.1 Letting Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms covenants and conditions set forth in this Lease. Unless otherwise provided herein, any statement of square footage set forth in this Lease, or that may have been used in calculating rental and/or Common Area Operating Expenses, is an approximation which Lessor and Lessee agree is reasonable and the rental and Lessee's Share (as defined in Paragraph 1.6(b)) based thereon is not subject to revision whether or not the actual square footage is more or less.

  • Possession and Occupancy The Seller will deliver possession and occupancy of the Property to the Buyer at Closing. The Seller shall provide access to all locks, including keys, remote controls, and any security/access codes, necessary to operate all locks, mailboxes, and security systems.

  • Office Space, Equipment and Facilities Provide such office space, office equipment and office facilities as are adequate to fulfill the Adviser’s obligations hereunder.

  • ACKNOWLEDGEMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 1. Licensee acknowledges that all Intellectual Property Rights in the Licensed Material are the property of the Publisher or duly licensed to the Publisher and that this Licence Agreement does not assign or transfer to the Licensee any right, title or interest therein except for the right to access and use the Licensed Material in accordance with the terms and conditions of this Licence Agreement. 2. For the avoidance of doubt, the Publisher hereby acknowledges that any database rights created by the Licensee or the Institutions as a result of Local Hosting, text mining or data mining of the Licensed Material shall be the property of the Licensee, or the Institution.

  • POSSESSION AND OCCUPATION 3.1 The CONTRACTOR, its agents, servants and subcontractors shall at all times until the Works have been completed and the OWNER has signed and handed to the CONTRACTOR the final completion form, be entitled to enter and be present on the property for construction purposes. The CONTRACTOR shall further be entitled to enter into and be present on the property for purposes of completing minor works and snags listed on the snag list. 3.2 At no time whatsoever shall the OWNER be entitled to make claim, attach or in any way claim possession or retention of any of the CONTRACTOR's tools, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 The OWNER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take possession and occupation of the Works; 3.3.2 make payment of all or any amounts which may then still be due by him to the CONTRACTOR. 3.4 Should the OWNER fail to take occupation and possession of the Works as provided in clause 3.3 OR on such other date as may be agreed between the parties in writing – 3.4.1 it shall irrevocably be deemed for all purposes hereunder, that the OWNER has effectively and fully taken occupation and possession of the property and Works as set out in clause 3.3 and that all items on the snag list have been completed and accepted by the OWNER; 3.4.2 the CONTRACTOR shall not be responsible for any damages to the property after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages thereto. 3.5 The CONTRACTOR shall, within 14 (fourteen) days from the commencement date as defined in clause 1.1.12, inform the OWNER of the estimated occupation date in writing. It is recorded that - 3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement date, subject to the provisions of clause 5.6. 3.5.2 should the CONTRACTOR be unable to meet the estimated occupation date defined in clause 1.1.12 and referred to in clause 3.5.1, he shall be obliged to inform the OWNER in writing thereof at least 30 (thirty) days in advance.

  • Peaceful Possession The Authority hereby warrants that: a) The Project Site has been acquired through the due process of law and belongs to and is vested with the Authority and that the Authority has full powers to hold, dispose of and deal with the same consistent, inter alia, with the provisions of this Agreement. b) In the event the Developer is obstructed by any Person claiming any right, title or interest in or over the Project Site or any part thereof, or in the event of any enforcement action including any attachment, distrait, appointment of receiver or liquidator being initiated by any Person claiming to have any interest in/charge or the Project Site or any part thereof, the Authority shall, if called upon by the Developer, defend such claims and proceedings and also keep the Developer indemnified against any consequential loss or damages which the Developer may suffer, on account of any such right, title, interest or charge.

  • Possession of Franchises, Licenses, Etc Each of Borrower and its Subsidiaries possesses all franchises, certificates, licenses, permits and other authorizations from governmental political subdivisions or regulatory authorities, free from burdensome restrictions, that are necessary in any material respect for the ownership, maintenance and operation of its properties and assets, and neither Borrower nor any of its Subsidiaries is in violation of any thereof in any material respect.

  • Access to Property, Property’s Management, Property Lender, and Property Tenants Potential Investor agrees to not seek to gain access to any non-public areas of the Property or communicate with Property’s management employees, the holder of any financing encumbering the Property, the Property’s tenants, and the Owner’s partners in the ownership of the Property, without the prior consent of Owner or JLL, which consent may be withheld in the Owner’s sole discretion.

  • Quiet Enjoyment Landlord covenants and agrees with Tenant that upon Tenant paying Rent, and observing and performing all of the terms, covenants and conditions on Tenant’s part to be observed and performed under this Lease, Tenant may peaceably and quietly enjoy the Premises, subject nonetheless to the terms and conditions of this Lease.

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