Relocation of Facilities. If the Company's lighting facilities are installed within its rights-of-way or easements, upon Customer’s request Company will relocate such facilities to a new location within the same general area provided Customer will pay to Company any applicable charge as set forth in the Termination of a Service Agreement paragraph shown below. A new Contract Term shall not be required. If the relocation request involves both lighting and other distribution facilities, the cost of the relocation of all facilities shall be determined pursuant to the Line Extension Plan.
Relocation of Facilities. During any construction, maintenance, repair, replacement, improvement, or expansion by the City of any of the Public Property within the Franchise area or any improvements therein other than the Franchisee's Facilities, or at any other time, the Franchisee shall, remove, relocate, or adjust any of the Franchisee's Facilities in such Public Property within a reasonable time after a written request therefor from the City.
Relocation of Facilities. (a) With respect to any Site, BellSouth reserves the right to change the location of User's Facilities upon sixty (60) days written notice to User to accommodate the communications equipment (including a change in frequency) of BellSouth. User shall relocate or remove the Facilities, at BellSouth's expense, within sixty (60) days of receipt of any such notice by User; provided, however, if the relocated space is unacceptable to User, in User's reasonable discretion, User shall have the right to terminate the Site Agreement upon written notice to BellSouth, which termination shall be effective the earlier of (i) the date set forth in User's termination notice, or (ii) two hundred forty (240) days from User's receipt of BellSouth's relocation notice. Upon such termination, the parties to the Site Agreement shall be released from all duties, obligations, liabilities and responsibilities under the Site Agreement except for any indemnity obligations, including without limitation, environmental indemnity and tax obligations, and User's obligation to remove the Facilities from the Property. In the event BellSouth needs additional capacity at a Site for its equipment and there is no space on the Tower in which to relocate User's Facilities, upon two hundred and forty (240) days notice, BellSouth may terminate a Site Agreement, and thereafter the Site Agreement shall be of no further force and effect, and except for any indemnity obligations, including without limitation, environmental indemnity and tax obligations, and User's obligation to remove the Facilities from the Property, and BellSouth's obligation to reimburse User for the book value (to be determined. at the date of termination of the Site Agreement) of any structural enhancements made by User to such Site, the parties hereto shall be released from all duties, obligations, liabilities and responsibilities under the Site Agreement.
(b) In the event of a termination under this Section 9 within the Initial Term of the terminated Site Agreement, BellSouth shall also reimburse User a prorata portion of the Site Cost Reimbursement Amount applicable to such Site Agreement based on a five-year proration of the full Site Cost Reimbursement Amount. The amount reimbursed by BellSouth shall be equal to the prorata portion of the Site Cost Reimbursement Amount from the date of termination to the expiration of the Initial Term. BellSouth shall deliver such reimbursement to User within thirty (30) days of the terminati...
Relocation of Facilities. If any lack of necessary Real Property Rights or exercise by a counterparty of its rights under any agreement relating to the Real Property Rights requires relocation of any utilities, transmission lines or other facilities from their existing or currently planned location, Contractor shall bear the sole construction cost associated with relocating any such utilities, transmission lines or other facilities.
Relocation of Facilities. Licensee may be required to remove and relocate its Facilities, subject to such notice as may ordinarily be provided to users of similar structures, if: the structures to which they are attached or located within are removed, ordered to be removed or relocated; or to accommodate the use of the Public Rights-of-Way by other entities; or to ensure that the facilities or structures to which they are attached or located within do not interfere with the use of the Public Rights-of-Way by the public, or present a risk to public health or safety. To the extent that Licensee is required to remove or relocate its Facilities to accommodate the use of the Public Rights-of-Way by a third party, nothing herein prevents Licensee from seeking compensation from that third party (other than parties identified in Section 4.4.3). If Licensee’s Facilities are located aboveground in the Public Right-of-Way and the distribution lines of the incumbent local exchange carrier or electric utility subsequently are placed underground, Licensee’s aboveground Facilities (other than those comparable to any Facilities of the incumbent local exchange carrier which are permitted to remain aboveground) shall be placed underground at the same time, except for such Facilities (a) which, because of their concealment elements and location, are specifically approved by permit to remain aboveground. Nothing herein prevents Licensee from submitting an application for placement of Facilities aboveground, subject to showing that as proposed, the City is required to grant the application under Applicable Law. The rights and privileges granted hereby shall not be in preference or hindrance to the right of the City, or any other governmental agency, improvement district or other authority having jurisdiction, to perform or carry on any public works, public improvements or public projects. In the event that the Facilities interfere in any way with the construction, maintenance or repair of such public works, public improvements, or public projects, the Licensee, at its expense, shall (a) immediately commence work to remove or relocate the object of such interference if emergency circumstances exist or (b) otherwise, within sixty (60) days of notice of such interference, protect or relocate its Facilities, as may be directed by the relevant authority. The City shall cooperate with Licensee in finding a suitable alternative location for any relocated Facilities removed pursuant to this Section in a manner...
Relocation of Facilities. If, after the initial installation of any utility facility owned by Prairieland, the University requires any portion of the installed facility to be relocated, the University shall provide for any necessary relocation at its sole expense.
Relocation of Facilities. 9.1 Whenever the City causes a Public Improvement Project to be undertaken within the Franchise Area, and such Public Improvement Project requires the relocation of PSE's then existing Facilities within the Franchise Area (for purposes other than those described in Section 9.2 below), the City shall:
9.1.1 as soon as possible prior to the notice to proceed for the Public Improvement Project, but not less than one-hundred twenty (120) days prior to such notice to proceed, provide PSE, written notice requesting such relocation; and
9.1.2 provide PSE with reasonable plans and specifications sufficient for initial PSE system design for such Public Improvement Project. After receipt of such notice and such plans and specifications, PSE shall relocate such Facilities within the Franchise Area at no charge to the City and in accordance with a schedule mutually agreed upon by the City and PSE. If the City requires the subsequent relocation of any Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section 9.1, the City shall bear the entire cost of such subsequent relocation. The term “Public Improvement Project” includes any such capital improvement undertaken by the City pursuant to a valid interlocal agreement between the City and a third-party governmental entity, provided, however, any relocation of PSE’s Facilities necessary to accommodate the work funded or performed by or on behalf of such third-party governmental entity shall be arranged and accomplished in accordance with Section 9.2 of this Franchise.
9.2 Whenever (i) any public or private development within the Franchise Area, other than a Public Improvement Project, requires the relocation of PSE's Facilities within the Franchise Area to accommodate such development; or (ii) the City requires the relocation of PSE's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, PSE shall have the right as a condition of such relocation, to require such person or entity to make payment to PSE, at a time and upon terms acceptable to PSE, for any and all costs and expenses incurred by PSE in the relocation of PSE's Facilities.
9.3 Any condition or requirement imposed by the City upon any person or entity, other than PSE, that requires the relocation of PSE's Facilities shall be a required relocation for purposes of Section 8.2 above (including any condition or requirement imposed pursuant to any contract o...
Relocation of Facilities. Whenever the City shall grade, regrade, or change the line of any street or Public Way or construct or reconstruct any sewer or water system therein and shall, with due regard to reasonable working conditions, order C Spire to relocate or protect its Facilities located in said street or Public Way, C Spire shall relocate or protect its Facilities at its own expense; provided, however, if the City compensates any Person for similar work then C Spire shall be similarly compensated. Further, where the City has determined that the location of C Spire’s Facilities is unsafe, interferes with traffic control devices, or otherwise may be harmful to the public health, safety, and welfare as determined in the reasonable judgment of the City, C Spire shall move such Facilities to an alternate location as directed by the City. The City shall give C Spire reasonable notice of plans to grade or change the line of any street or Public Way or to construct or reconstruct any sewer or water system therein or of any demand that the Facilities be relocated for the reasons set forth herein. C Spire may also be required to relocate its Facilities where public utilities or other users of the Public Way require access; provided, however, that nothing herein shall be construed as a waiver of C Spire’s rights under applicable law. Any such movement shall be at the expense of the third party. With respect to location of its existing public utility lines, the City agrees that during the period of C Spire’s installation of fiber optic lines pursuant to this Agreement, the City will locate all City public utility lines as required by Alabama’s 811 laws. It shall be the duty of C Spire or its contractor(s) to request the City to locate the public utility lines.
Relocation of Facilities. 7.1 The City reserves its right to use the Public Rights-of-Way and City property, including the surface areas, for City governmental function projects funded with City funds, including funds received by the City from grants or through Interlocal Agreements or like instruments with other governmental and quasi-governmental agencies (“City-Funded Project(s)”). Grantee shall, upon written request by the City, relocate any of Grantee’s Gas System Facilities located in the Public Rights-of-Way that are in direct, physical conflict with any City-Funded Project, which conflict could not be avoided by the City after reasonable and diligent efforts, to such location as City and Grantee agree. In the event a City governmental function project is paid for totally or in part with non-City funds, then the Grantee’s costs of moving its Gas System Facilities shall be borne by the source of the non-City funds or the City in the same ratio as the non-City funds bear to the total project cost.
Relocation of Facilities. Any relocation, raising or lowering of any of the Company’s facilities due to any variation in the final street lines or grade of such proposed public rights-of-way and/or easements prior to acceptance of the street by the municipality, shall be performed by the Company or its authorized contractors at the sole cost and expense of the Depositor. Any of the Company’s facilities damaged by Depositor, its agents, employees or contractors, shall be repaired or replaced by the Company or its authorized contractors at the Depositor's expense. The Depositor agrees the Company has the right to deduct the cost of such repair, replacement, relocation, raising or lowering from any amounts due Depositor under this Agreement or otherwise.
