Relocation of the Facilities. If at any time during the period of this franchise the Village shall lawfully elect to alter, or change the grade of any street, alley or other public ways, the Grantee, upon reasonable notice by the Village, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense unless the utilities are compensated, in which case the Grantee shall be similarly compensated.
Relocation of the Facilities. Licensee recognizes that, from time to time, Licensor may elect or be required to relocate the Facilities. Where such relocation is solely for the convenience of Licensor, Licensor shall be solely responsible for all costs incurred to relocate the Facilities. (Relocations requested by governmental authorities shall not be deemed for the convenience of Licensor.) In all other cases (including street widening or improvement projects), Licensee shall pay (a) 50% of the direct, out-of-pocket costs of the relocation, if the project involves both Facilities and other facilities of Licensor, or (b) 100% of the direct, out-of-pocket costs of the relocation, if the project involves only Facilities; but in either case, only to the extent such costs cannot be recovered from any third party. Licensee will, however, have the option of terminating this Agreement with respect to such Capacity and paying Licensor any as yet unpaid amounts pursuant to Section 5 and any other amounts which are then due and payable under this Agreement (the "Payoff Amount"). Licensor will use commercially reasonable efforts to effect any relocation in a manner that will not cause any material interruption to Licensee's use of the Capacity. Licensor shall use commercially reasonable efforts to give Licensee at least six months prior notice of any relocation or of any governmental proceedings which could reasonably be expected to result in a relocation, or such lesser amount of notice that Licensor receives from such governmental authority, and Licensee shall have the right to participate in any such proceedings.
Relocation of the Facilities. In the event that, at any time during the Term of this Franchise, the State, the County and/or the Grantor shall lawfully elect to alter or change the grade, location, width, or orientation of any Street(s) or other public ways, or perform other rights-of-way or road construction or other public improvement or work of any description, for purposes or by reason of a public purpose, convenience, interest or safety, the Grantee, upon reasonable written notice by the proper government unit, to be not less than sixty (60) days, shall relocate, change, remove and relocate, temporarily disconnect, as necessary, their poles, wires, cables, underground conduits, manholes, equipment and other fixtures at its own cost and expense; provided, however, if Grantor compensates any other entity for removing or relocating its poles, wires, cables, underground conduits, manholes, equipment or other fixtures, then the Grantee shall be similarly compensated.
Relocation of the Facilities. In the event that at any time during the period of this Franchise the City shall elect to alter or change the grade of any Street, the Grantee, upon reasonable notice by the City, shall begin removing and/or relocating as necessary, its poles, wires, cables, underground conduits, manholes and other fixtures at the Grantee's expense, provided, if Grantee's wires, cable, or other fixtures are placed within or attached to conduit, poles, or appliances owned or maintained by others, such as utility poles of a utility pursuant to a pole attachment agreement, Grantee shall undertake such removal or relocation in cooperation with the pole owner. However, if said requirements impose a financial hardship upon the Grantee, the Grantee shall have the right to present alternative proposals for the City’s consideration. Except for Franchise revocation or termination or System abandonment, the City shall not require Grantee to remove its facilities entirely from a Street unless suitable alternatives are available for relocation at a reasonable cost. If Grantee fails or refuses to act within sixty days (60), of notice from the City, the City shall have the power to relocate the same at the expense of the Grantee using a contractor qualified by Grantee.
Relocation of the Facilities
