Public Use. The Recipient will ensure that Infrastructure resulting from any Eligible Project that is not sold, leased, encumbered, or otherwise disposed of, remains primarily for public use or benefit.
Public Use. Concessionaire’s operation and this Agreement shall not be construed so as to affect the privileges accorded to the public’s use of the Area, or to restrain or prevent individual persons or groups of persons from bringing their own food and beverages into the Area.
Public Use. The Stadium’s track is open to the public from xxxx until dusk, and will be locked outside of public hours.
Public Use. This Agreement is made as an accommodation to Company. In no event shall Carrier’s services hereunder be deemed to be those of a public utility or a common carrier. If any action is taken or threatened by any Governmental Authority to declare Carrier’s services hereunder to be those of a public utility or a common carrier, then, in that event, at the option of Carrier and upon Company’s receipt of Carrier’s Notice, Carrier may restructure and restate this Agreement or terminate this Agreement on the effective date of such action as to any affected Tank, Terminal or services.
Public Use. Concessionaire’s operation and this Agreement shall not be construed so as to affect the privileges accorded to the public’s use of the Marina.
Public Use. This Agreement is made as an accommodation to Company. In no event shall Holdings’ services hereunder be deemed to be those of a public utility or a common carrier. If any action is taken or threatened by any Governmental Authority to declare Holdings’ services hereunder to be those of a public utility or a common carrier, then, in that event, at the option of Holdings and upon Company’s receipt of Holdings’ Notice, Holdings may restructure and restate this Agreement or terminate this Agreement on the effective date of such action as to the affected Tank(s) or services.
Public Use. Licensee’s operation and the License Agreement shall not be construed so as to affect the privileges accorded to the public’s use of the Area, or to restrain or prevent individual persons or groups of persons from bringing their own food and beverages into the Area.
Public Use. Both parties shall allow reasonable public use of the land interests identified herein so long as such use does not unreasonably interfere, limit, or obstruct the rights identified herein.
Public Use. 3.3.1 At all times during the Contract Period the Concessionaire will keep the Concession Highway open for public use except for Lane Closures or diversions of traffic flow:
3.3.1.1 by the Concessionaire in accordance with the provisions of the Traffic Management Requirements, the Traffic Management Plan and Section 15.3 [Lane Closures];
3.3.1.2 by the Minister under the Transportation Act or any other Laws and Regulations;
3.3.1.3 by the Police or fire, ambulance or other emergency services authorities;
3.3.1.4 by any other Governmental Authority pursuant to any Legal Requirement; and
3.3.1.5 in the case of the MOT Section, by the MOT Section Contractor in connection with the carrying out of the MOT Section Works.
3.3.2 Except as may otherwise be expressly provided in this Agreement, the Concessionaire does not have any Claim whatsoever against the Province, BCTFA, the Police or any other Governmental Authority for or in respect of any Lane Closure or diversion, including any Lane Closure or diversion referred to in Section 3.3.1, or as a result of the exercise of any other rights or powers or the discharge of any other duties or functions by the Province, BCTFA, the Police or any other Governmental Authority affecting the Project Facilities, the Site and the Adjacent Areas or any part thereof.
3.3.3 All Operations will be carried on so as not to interfere unnecessarily with, and so as to minimize any necessary interference with, the convenience of the public and the access to and use of any of the Connecting Roads or any other public or private roads or highways, whether under the control or in the possession of the Province or any other person.
3.3.4 The Concessionaire may not charge tolls (which term as used in this Section has the meaning given in the Transportation Investment Act) or any other user charges for the use of the Concession Highway. As at the Commencement Date no arbitrators have been appointed under the Transportation Investment Act and therefore there is no requirement for the Concessionaire to contribute to the matters set out in Section 3(i) of that Act. A Change in Law pursuant to which the Province or another Governmental Authority which is subordinate to the Province levies tolls specifically on members of the general public for the use of some or all of the Concession Highway or a Connecting Road that is under the jurisdiction of the Province or such other Governmental Authority, as the case may be, by a vehicle travelling thereon...
Public Use. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of the Area, including Lake Absegami and the Concession Premises, or to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Lake Absegami and the Concession Premises.