Relocation and Removal. Notwithstanding any other provisions of this contract, including but not limited to Sections 15 and 16 above, I acknowledge, understand, and agree to the following:
Relocation and Removal. 1. At any time during the term of an SLA, CITY may require the temporary or permanent relocation of an ANTENNA FACILITY to a location designated by CITY. CITYCITY shall coordinate with COMPANY and shall use reasonable efforts to identify an alternative location on CITY PROPERTY that is comparable to the existing LICENSED AREA. If the relocation will be permanent, (i) and CITY shall and COMPANY shall make reasonable efforts to limit the disruption to COMPANY’s SERVICES. CITY will provide COMPANY with no less than one hundred eighty (180) days prior writtenadvance notice that such ANTENNA FACILITY must be permanently relocated if the ANTENNA FACILITY is listed as a Category A or B Facility; or (ii)prior to any need for any temporary relocation. If the relocation will be permanent, CITY shall provide COMPANY with no less than one (1) year prior written notice that such ANTENNA FACILITY must be permanently relocated if the. If CITY requests relocation of an ANTENNA FACILITY is listed as a Category C or D Facility. During relocation, COMPANY may request to place a temporary communication facility on the PROPERTY so long as the temporary communication facility does not interfere with other communication transmissions referenced in Section 13 of this agreement. COMPANY must remove the existingsuch ANTENNA FACILITY within sixty (60ninety (90) days after COMPANY commences construction or installation of any ANTENNA FACILITY at the temporary or alternative permanent location provided by CITY. CITYCITY’s Director of Economic Development may provide extensions of such time periods in its sole and absolute discretion. If CITY is unable to provide an alternative location acceptable to COMPANY, COMPANY may terminate the SLA applicable to such ANTENNA FACILITY.
2. If, notwithstanding COMPANY’s agreement to relocate an ANTENNA FACILITY, COMPANY fails to relocate the specified ANTENNA FACILITY or repair or restore the affected areas of the applicable LICENSED AREA and PROPERTY within the time period specified in this SECTION, as that period may be extended as provided in this SECTION, City’s Director of Economic Development, in his or her sole discretion and without limitation with respect to any other rights or remedies which he/she may have, may terminate the SLA for the applicable LICENSED AREA and ANTENNA FACILITY, effective no earlier than thirty (30) days after the date of delivery of notice of termination, and CITY may remove any of COMPANY’s property, including the ...
Relocation and Removal. 1. At any time during the term of this AGREEMENT, CITY may require relocation of the ANTENNA FACILITY to a location designated by CITY, provided that CITY shall provide COMPANY with a one hundred and twenty (120) day prior written notice that the ANTENNA FACILITY must be relocated.
2. If, notwithstanding COMPANY’s agreement to relocate the ANTENNA FACILITY, COMPANY fails to relocate the ANTENNA FACILITY or repair or restore the affected areas of the LICENSED AREAS and PROPERTY within the one hundred and twenty (120) day period, as that period may be extended as provided in this SECTION, City Manager, in his or her sole discretion and without limitation with respect to any other rights or remedies which he/she may have, may terminate the permit as issued for that LICENSED AREAS pursuant to SECTION 9 of this AGREEMENT, effective no earlier than seven (7) days after the date of notice of termination, and CITY may remove any of COMPANY’s PROPERTY, including the ANTENNA FACILITY from the PROPERTY.
3. If CITY removes the ANTENNA FACILITY pursuant to this Section, COMPANY shall pay to CITY all costs associated with CITY’s removal of the ANTENNA FACILITY, including any storage costs and costs to repair and restore the PROPERTY, including the LICENSED AREAS, within ten (10) days after receipt by COMPANY of an itemized xxxx therefor.
Relocation and Removal. (1) At any time during the term of this AGREEMENT, CITY may require relocation of the ANTENNA FACILITIES to a location designated by CITY, provided that CITY shall provide COMPANY with a one hundred twenty (120) day prior written notice that the ANTENNA FACILITIES must be relocated.
(2) If COMPANY fails to remove or relocate the ANTENNA FACILITIES or repair or restore the affected areas of the LICENSED AREAS and PROPERTY within the one hundred and twenty (120) day period, as that period may be extended as provided in this SECTION, CITY MANAGER, in his or her sole discretion and without limitation with respect to any other rights or remedies which he/she may have, may terminate this AGREEMENT, effective no earlier than seven (7) days after the date of notice of termination and CITY may remove any of COMPANY’s property, including the ANTENNA FACILITIES from the PROPERTY.
(3) If CITY removes the ANTENNA FACILITIES pursuant to this SECTION, COMPANY shall pay to CITY all costs associated with CITY’s removal of the ANTENNA FACILITIES, including any storage costs and costs to repair and restore the PROPERTY, including the LICENSED AREAS, within ten (10) days after receipt by COMPANY of an itemized xxxx therefor.
Relocation and Removal. The Licensee shall not make any change in the location of its facilities, or of its use of poles or other facilities, without the District’s written consent, which shall be requested on the application form described immediately above. The Licensee shall give the District immediate notification of the removal of facilities from any pole or poles.
Relocation and Removal a. Relocation and Removal at Licensee’s Expense- Licensee shall remove and relocate its equipment at its own expense to an alternative location made available by Licensor and acceptable to Licensee not later than one hundred twenty (120) days after receiving written notice that removal, relocation, and/or alteration of said equipment is necessary due to:
i. Construction, expansion, repair, relocation, or maintenance of a street or other public improvement project; or
ii. Maintenance, upgrade, expansion, replacement, or relocation of a street or Township traffic light poles and/or traffic signal light system; or
iii. Vacation of a right-of-way or sale of Township property; or
iv. Projects and programs undertaken to protect or preserve the public health or safety; or
v. Activities taken to eliminate a public nuisance; or
vi. Duty otherwise arising from applicable law. Licensee’s duty to remove and relocate its equipment at its expense under this subsection IX(a) is not contingent on the availability of an alternative location acceptable for relocation. The Township will make reasonable efforts to provide an alternative site acceptable to Licensee, Licensee shall comply with the notice to remove its personal property as instructed.
b. Cooperation in Relocation- the Licensee and Licensor shall cooperate to the extent possible to assure continuity of service during relocation of Licensee’s equipment.
c. Recovery of Relocation Cost from Third Parties- Nothing in this section shall be construed as preventing Licensee from recovering the cost of removal and/or relocation of its facilities from a nongovernmental third-party responsible for removal and/or relocation.
d. Consequences of Failure to Remove and/or Relocation- If Licensee fails to remove and/or relocate its equipment to the satisfaction of the Township Engineer or their designee after one hundred and twenty (120) days from the date of notice or has not diligently commenced such removal as directed by Licensor, the Township may remove Licensee’s equipment at the expense of Licensee.
e. Duty of Care when Removing and/or Relocating- Any damage to the Municipal Rights-of-Way or adjacent property caused by Licensee that occurs during the removal and/or relocation of Licensee’s equipment shall be promptly repaired or replaced at Licensee’s sole expense. Should Licensee not make nor diligently pursue adequate repairs within thirty (30) days of receiving written notice, Licensor may make all reasonable and neces...
Relocation and Removal. 3.1. The Facility shall not be removed from the site to which it was delivered by Lessor without prior notice to, and written approval of, Lessor. Any removal, transportation, or reinstallation of the Facility shall be upon a site conforming with the Lessor’s specifications. Any such relocation, reinstallation, or transportation shall be at the sole expense and risk of Lessee. Lessor may, at its option, make arrangements for removal, transportation, or reinstallation. The expense of such services to be billed and paid promptly by the Lessee. Upon termination of the Lease, Lessor shall remove the Facility from the site at no charge other than the removal charge specified in Appendix A.
Relocation and Removal. 1. At any time during the term of this AGREEMENT, CITY may require relocation of the ANTENNA FACILITY to a location designated by CITY, provided that CITY shall provide COMPANY with a one hundred and twenty (120) day prior written notice that the ANTENNA FACILITY must be relocated.
2. If, notwithstanding COMPANY’s agreement to relocate the ANTENNA FACILITY, COMPANY fails to relocate the ANTENNA FACILITY or repair or restore the affected areas of the LICENSED AREA and PROPERTY within the one hundred and twenty (120) day period, as that period may be extended as provided in this SECTION, City Manager, in his or her sole discretion and without limitation with respect to any other rights or remedies which he/she may have, may terminate this AGREEMENT, effective no earlier than seven (7) days after the date of notice of termination, and CITY may remove any of COMPANY’s PROPERTY, including the ANTENNA FACILITY from the PROPERTY.
3. If CITY removes the ANTENNA FACILITY pursuant to this Section, COMPANY shall pay to CITY all costs associated with CITY’s removal of the ANTENNA FACILITY, including any storage costs and costs to repair and restore the PROPERTY, including the LICENSED AREA, within ten (10) days after receipt by COMPANY of an itemized xxxx therefor.
Relocation and Removal. The City requests overly broad relocation rights that includes an unreasonable requirement to relocate within 180 days of notice and at carrier’s expense.
Section 1. B.2. Access – The Company is not allowed to access its Licenses Area for routine purposes except during normal business hours and after five business days prior notice to the City. Such an extended timeframe could inhibit carriers from optimizing network performance. In addition, the current language appears to limit emergency access to 1) Antenna facilities located in non-secured areas with repairs being performed during business hours and 2) Antenna facilities located in a secured area whether during business hours or not. The provision does not specifically address emergency repairs in non-secured areas outside business hours, which also should be allowed without advanced permission from the City
Relocation and Removal. Subscriber may request ALLTEL to ---------------------- relocate portions of the InterChange Services located at Subscriber's site subsequent to their original installation by ALLTEL. Subscriber shall be responsible for and pay to ALLTEL any charges incurred in connection with the relocation of such portions of the InterChange Services, communications hardware and software. Subscriber shall also be responsible for all expenses of removing the portions of the InterChange Services at Subscriber's site upon termination of this Agreement for any reason other than a default by ALLTEL. The provisions of this Section are specifically intended to survive the termination of this Agreement.
