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. 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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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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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.

  • Use of Basement and Service Areas The basement(s) and service areas, if any, as located within the

  • PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS If any portion of work being Bid is subject to the prevailing wage rate provisions of the Labor Law, the following shall apply:

  • Records Maintenance and Access Grantee must maintain all financial records relating to this Grant in accordance with generally accepted accounting principles. In addition, Grantee must maintain any other records, whether in paper, electronic or other form, pertinent to this Grant in such a manner as to clearly document Grantee’s performance. All financial records and other records, whether in paper, electronic or other form, that are pertinent to this Grant, are collectively referred to as “Records.” Grantee acknowledges and agrees Agency and the Oregon Secretary of State's Office and the federal government and their duly authorized representatives will have access to all Records to perform examinations and audits and make excerpts and transcripts. Grantee must retain and keep accessible all Records for a minimum of six (6) years, or such longer period as may be required by applicable law, following termination of this Grant, or until the conclusion of any audit, controversy or litigation arising out of or related to this Grant, whichever date is later.

  • 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 11.1. The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended. 11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser. 11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. 11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date. 11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date. 11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows: 11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and 11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.

  • 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.

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