Permission to Encroach Sample Clauses

Permission to Encroach. The Town hereby grants the Applicant non-exclusive, revocable permission to encroach over Public Streets located at or Town Easements located at (“Facilities”), all as more particularly described in the attached plan, attached hereto as Exhibit A and incorporated herein by reference, subject to the lawfully imposed terms and conditions set forth in Town of Xxxx Code of Ordinances, Chapter 28, Article VI (the “Code Conditions”) and those stated below (the “Permission”). The installation, operation and maintenance of the Facilities are sometimes referred to herein as the “Work.” Applicant understands and agrees that, notwithstanding any language in this Agreement to the contrary, Town grants Permission only to the extent authorized by law and the terms of the conveyance of the right-of-way, easement, or other property interest to Town. Nothing in this Agreement shall constitute or create an assignment to Applicant by Town of any easement or license held by Town or of any rights under any easement or license held by Town. Nothing herein contained shall be construed to confer on Applicant an exclusive right to encroach on Town Easement or Public Streets or confer any rights to any third party not specifically identified herein by name.
Sample 1
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Permission to Encroach. The Town hereby grants the Applicant non-exclusive, revocable permission (subject to applicable law) to encroach over Public Streets located at Bishops Gate Subdivision or on Town Property located at Westhigh Street , for the purpose of construction and/or erection and maintenance of 1/0 UG Primary Distribution cables_, as more particularly described in the attached plan (“Facilities”) attached hereto as Exhibit A and incorporated herein by reference, subject to the lawfully imposed terms and conditions set forth in Town of Xxxx Code of Ordinances Chapter 28, Article VI (the “Code Conditions”) and those stated below (the “Permission”). The installation, operation, and maintenance of the Facilities are sometimes referred to herein as “the Work.” Applicant understands and agrees that, notwithstanding any language in this Agreement to the contrary, Town grants Permission only to the extent authorized by law and the terms of the conveyance of the right-of-way, fee, easement, or other property interest to Town in the Public Streets or Town Property. Applicant shall be solely responsible for obtaining for itself all easements, licenses and property rights, and in complying with any state or federal regulatory requirements as may be necessary for the Work. Nothing in this Agreement shall constitute or create an assignment to Applicant by Town of any easement or license held by Town or of any rights under any easement or license held by Town. Nothing herein contained shall be construed to confer on Applicant an exclusive right to encroach on Town Easement or confer any rights to any third party not specifically identified herein by name.
Sample 1
Permission to Encroach. Upon the approval of specific construction plans by the Town, the Town hereby grants the Grantee permission to encroach at the locations described in construction plans in accordance with this Agreement. Encroachments are for the purpose of constructing and/or erecting, installing, maintaining, operating and if necessary removing an FTTP Network and related facilities. The FTTP Network may consist of aerial or underground fiber optic cables, lines, or strands; underground conduits, vaults, access manholes and handholes; electronic equipment; power generators; batteries; pedestals; boxes; cabinets; huts; and other similar facilities (hereinafter “Network Facilities”). A general route and proposed design of Grantee’s FTTP Network is attached as Exhibit A. Grantee understands and agrees that, notwithstanding any language in this Agreement to the contrary, the Town grants permission only to the extent authorized by law and the terms of the conveyance of the right-of-way, fee, easement, or other property interest to the Town in the ROW or public street. Nothing in this Agreement shall constitute or create an assignment to Grantee by the Town of any easement or license held by the Town or of any rights under any easement or license held by the Town. Nothing herein contained shall be construed to confer on Grantee an exclusive right to encroach on ROW or public streets or confer any rights to any third party. This Agreement also does not grant usage of Town poles or conduits by the Grantee. Construction plans that are approved by the Town and show an encroachment shall be added as exhibits to this Agreement and shall be governed by the terms and conditions of this Agreement. Each such approved plan shall have a sequential Exhibit number included on the plan. All such construction plans that show an encroachment shall reference this Agreement and provide that any such installation, operation, or maintenance shall be governed by and incorporated into this Agreement.
Sample 1
Permission to Encroach. The City hereby grants to the Property Owner permission to encroach upon land shown on the sketch attached identified as Appendix “I” to this Agreement showing the location of the workshop, concrete block retaining wall, fencing and landscape features along the side of the Property Owner’s Property (the “Encroachment Area”) in the City for the sole purpose of maintaining the workshop, concrete block retaining wall, fencing and landscape features.
Sample 1

Related to Permission to Encroach

  • Permission to Use ‌ 5.1 Permission to use the Routes Network Rail grants the Train Operator permission to use the Routes. 5.2 Meaning References in this contract to permission to use the Routes shall, except where the context otherwise requires, be construed to mean permission: (a) to use the track comprised in the Routes for the provision of the Services using the Specified Equipment; (b) to use the track comprised in the Network in order to implement any plan established under Part H of the Network Code; (c) to make Ancillary Movements; (d) to Stable, which shall be treated, for the purposes of Part D of the Network Code, as the use of a Train Slot; (e) for the Train Operator and its associates to enter upon that part of the Network comprising the Routes, with or without vehicles; and (f) for the Train Operator and its associates to bring things onto that part of the Network comprising the Routes and keep them there, and such permission is subject, in each case and in all respects to: (i) the Network Code; (ii) the Applicable Engineering Access Statement; and (iii) the Applicable Timetable Planning Rules. 5.3 Permission under clauses 5.2(e) and 5.2(f) In relation to the permissions specified in clauses 5.2(e) and 5.2(f): (a) the Train Operator shall, and shall procure that its associates shall, wherever reasonably practicable, first obtain the consent of Network Rail, which consent shall not be unreasonably withheld or delayed; (b) the Train Operator shall remove any vehicle or other thing so brought onto any part of the Network when reasonably directed to do so by Network Rail; and (c) whilst exercising any rights conferred by clauses 5.2(e) and 5.2(f), the Train Operator shall, and shall procure that its associates shall, comply with such reasonable restrictions or instructions as Network Rail shall specify. 5.4 Changes to Applicable Engineering Access Statement and Applicable Timetable Planning Rules Changes to the Applicable Engineering Access Statement and the Applicable Timetable Planning Rules are subject to regulatory protection (including appeals) in accordance with Part D of the Network Code. 5.5 Engineering Access Statement, Timetable Planning Rules and Restrictions of Use Schedule 4 shall have effect. 5.6 The Services and the Specified Equipment Schedule 5 shall have effect. 5.7 Performance Schedule 8 shall have effect.

  • Permission to Leave Work The Employer agrees that stewards shall not be hindered, coerced, restrained or interfered with in any way in the performance of their duties, while investigating disputes and presenting adjustments as provided in this Article. The Union recognizes that each xxxxxxx is employed by the Employer and that they will not leave their work during working hours except to perform their duties under this Agreement. Therefore, no xxxxxxx shall leave their work without permission of their supervisor, which will not be unreasonably withheld.

  • Condition of Property; Condemnation In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of the date of origination of each Mortgage Loan and, to the Seller's knowledge, as of the date hereof, (a) none of the material improvements on the related Mortgaged Property encroach upon the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below.

  • Failure of Allottee to take Possession of Apartment Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Apartment to the Allottee. In case the Allottee fails to take possession within the time provided in para 7.1 such Allottee shall continue to be liable to pay interest on due payments and maintenance charges as specified in para 7.2.

  • RIGHT OF ALLOTTEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO PAYMENT OF TOTAL MAINTENANCE CHARGES

  • Site to be free from Encumbrances Subject to the provisions of Clause 8.2, the Site shall be made available by the Authority to the Contractor pursuant hereto free from all Encumbrances and occupations and without the Contractor being required to make any payment to the Authority because of any costs, compensation, expenses and charges for the acquisition and use of such Site for the duration of the Project Completion Schedule. For the avoidance of doubt, it is agreed that the existing rights of way, easements, privileges, liberties and appurtenances to the Site shall not be deemed to be Encumbrances. It is further agreed that, unless otherwise specified in this Agreement, the Contractor accepts and undertakes to bear any and all risks arising out of the inadequacy or physical condition of the Site.

  • Condition of Properties All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s business.

  • Maintenance of Properties and Leases Each Loan Party shall, and shall cause each of its Subsidiaries to, maintain in good repair, working order and condition (ordinary wear and tear excepted) in accordance with the general practice of other businesses of similar character and size, all of those properties useful or necessary to its business, and from time to time, such Loan Party will make or cause to be made all appropriate repairs, renewals or replacements thereof.

  • Landlord's Waivers Any lessor of Tenant's Personal Property may, upon notice to Landlord and during reasonable hours, enter the Property and take possession of any of Tenant's Personal Property without liability for trespass or conversion upon a default by Tenant, provided that such lessor provide Landlord with the opportunity to cure the defaults of Tenant on terms and conditions satisfactory to such lessor and Landlord.

  • Maintenance of Properties and Insurance (a) The Company shall cause all properties used or held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any such property, or disposing of it, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business and not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industry.

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