Common use of Reservation and restrictions Clause in Contracts

Reservation and restrictions. (a) The Power Department shall retain for its own exclusive use transmission structures, the electric supply area on distribution poles, and conduit or conduit bank. The Power Department may (but in no event shall be required to) permit third party use of such reserved Electric Facilities upon such terms, and subject to such conditions, as the Power Department may determine. (b) This Agreement is not intended to cover, nor shall it be construed to, permit or authorize the use of Power Department's electric transmission and distribution lines, facilities or electric grid for transport of electricity for others under wheeling or other arrangements. (c) Certain classes of the Electric Facilities or specific units or items of the Electric Facilities may be determined by the Power Department, to be necessary for Power Department's exclusive use due to legal, mechanical, structural, safety, environmental, service or other requirements, and therefore will be unavailable for use by others. (d) Some Electric Facilities are located on dedicated and/or prescriptive electric utility easements, which may by their terms, limit the use of the easement to the Power Department for the transmission and distribution of electricity and may not authorize other uses such as telecommunications. Nothing in this Agreement shall be deemed to grant any third party rights in such easements without the prior consent of the grantor of the easement or owner of the property or their successors. All additional costs or expense to obtain the use by the Licensee or applicant of such dedicated and/or prescriptive easements shall be borne solely by the Licensee or applicant. Before entering onto private property to access its Attachments or other facilities, a Licensee shall obtain the owner’s consent. (e) The Electric Facilities shall always remain the sole and exclusive property of the City and no payment made by Licensee shall create in Licensee any right, title, or interest whatsoever in any Electric Facilities beyond those established by this Agreement. (f) Nothing in this Agreement shall be deemed to require the Power Department to replace, upgrade or alter existing Electric Facilities to create additional capacity for Attachments.