RIGHT-OF-WAY USE Sample Clauses

RIGHT-OF-WAY USE. The City grants the right to use the right-of-way of public roads, streets, alleys and any other property owned by the City as necessary for construction and maintenance of said public improvement.
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RIGHT-OF-WAY USE. The Company shall use the Agency's highway right-of-way only for the construction, operation, repair, replacement, and maintenance (collectively the Operations) of a longitudinal fiber optic broadband facility and associated communication facilities. Any other use of the right-of-way by the Company without prior written permission from the Agency shall constitute a breach of this Agreement. The Company’s use of the right-of-way along with all corresponding Operations shall: A. Comply with the requirements of all applicable governing agencies as described in the Regulation. B. Not interfere with the operations of any existing utility or carrier with facilities in the right-of-way. C. The Company shall have the right to exit and enter the right-of-way with lateral connections for the purpose of extending or connecting to adjacent facilities in accordance with the Regulation. D. The Company will submit a traffic control plan to the District(s) for approval prior to Operations. E. Any new radio frequency device(s) shall require the approval of the Agency prior to Permit approval.
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RIGHT-OF-WAY USE. Carrier shall use WisDOT’s right-of-way only for the construction, operation, and maintenance (collectively: operations) of a longitudinal communications facility. Any other use of the right- of-way without the prior written permission of WisDOT shall constitute breach by Carrier of this Agreement. The use of the right-of-way along with all corresponding operations shall: 1) Be in accordance with the requirements of all applicable governing agencies including the Federal Communications Commission (FCC), the United States Corps of Engineers, and the Wisconsin Department of Natural Resources. 2) Comply with all laws, orders, ordinances, regulations, licenses and permits, if any, of federal, state, and local authorities. 3) Not interfere with WisDOT’s use of its property, the free and safe flow of traffic, WisDOT construction or maintenance work, or with WisDOT’s radio or other communications unless written approval is expressly granted by WisDOT. 4) Not interfere with the operations of any utility or other carrier. 5) Not cause any public safety hazard.
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RIGHT-OF-WAY USE. The City grants the right to use the right-of-way of public roads, streets, alleys and any other property owned by the City as necessary for construction and maintenance of said public improvement. The City shall grant to the Commission at no cost a temporary easement across the City Park property for the relocation of the entrance to the park (Parkview Street), construction of the bridge and construction of sidewalks as shown on the highway plans and described in the temporary easement containing 1.09 acres total.
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RIGHT-OF-WAY USE. The Entity grants the right to use the right-of-way of public roads, streets, alleys and any other property owned by the Entity as necessary for construction and maintenance of said public improvement.
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RIGHT-OF-WAY USE. Railway, to the extent that its present right, title and interest permits or enables it so to do and without warranty, hereby grants to the Department an easement to widen said highway, replace overhead bridge structure and approaches, thereto, across the right-of- way and over the tracks of the Railway at the location shown on the project plans in accord with this agreement. Plans, Specifications and Special Provisions prepared by the Department and approved by the Railway; provided, however, that: a. Such easement is limited to the use for highway purposes of space required for columns, foundations and other parts of the bridge and drainage structures, and is limited vertically by a horizontal surface 20 feet above the roadway surface of said bridge, together with the use of reasonable additional space for widening and for access to the highway facilities for maintenance purposes; it being understood that the easement shall not restrict the Railway from utilizing the airspace under said bridge for railroad operations and for wire lines or other facilities which will not encroach on the reasonable requirements for maintaining the highway facilities. b. The Department, in its maintenance of the highway facilities, agrees to obtain permission from the Railway before undertaking any work, which may interfere with, or be a real or potential hazard to passage of trains or other railroad operations and agrees to bear all expenses for watchmen and flagging service, which the Railway may deem necessary. c. Railway agrees to notify the Department prior to undertaking the use of airspace over the easement and prior to starting the construction of any fixed installation other than its customary signal and communication facilities, within 8 feet of underside of said bridge or within 50 feet of said easement, it being understood that such use will afford reasonable protection and safety to the highway facilities and highway traffic and will not unreasonably interfere with the maintenance of the highway facilities. d. All other rights are reserved unto the Railway.
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RIGHT-OF-WAY USE. The Company shall use the Agency's highway right-of-way only for the construction, operation, repair, replacement, and maintenance (collectively the Operations) of a longitudinal fiber optic broadband facility and associated communication facilities. Any other use of the right-of-way by the Company without prior written permission from the Agency shall constitute a breach of this Agreement. The Company’s use of the right-of-way along with all corresponding Operations shall: A. Comply with the requirements of all applicable governing agencies as described in the Regulation. B. Not interfere with the operations of any existing utility or carrier with facilities in the right-of-way. C. The Company shall have the right to exit and enter the right-of-way with lateral connections for the purpose of extending or connecting to adjacent facilities in accordance with the Regulation. D. The Company will submit a traffic control plan to the District(s) for approval prior to Operations. E. Any new radio frequency device(s) shall require the approval of the Agency prior to Permit approval. F. The Company will remove any facility interfering with Agency operations within three (3) days of being notified of the interference. In cases of public safety, the Agency may remove the facility immediately at the Company’s expense.
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RIGHT-OF-WAY USE 
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Related to RIGHT-OF-WAY USE

  • Right of Way The Site

  • Special/temporary right of way The Contractor shall bear all costs and charges for any special or temporary right of way required by it in connection with access to the Site. The Contractor shall obtain at its cost such facilities on or outside the Site as may be required by it for the purposes of the Project Highway and the performance of its obligations under this Agreement.

  • Rights-of-Way Each of the Partnership Entities has such consents, easements, rights-of-way or licenses from any person (“rights-of-way”) as are necessary to conduct its business in the manner described in the Pricing Disclosure Package and the Prospectus, subject to such qualifications as may be set forth in the Pricing Disclosure Package and the Prospectus and except for such rights-of-way the failure of which to have obtained would not have, individually or in the aggregate, a Material Adverse Effect; each of the Partnership Entities has fulfilled and performed all its material obligations with respect to such rights-of-way and no event has occurred which allows, or after notice or lapse of time would allow, revocation or termination thereof or would result in any impairment of the rights of the holder of any such rights-of-way, except for such revocations, terminations and impairments that will not have a Material Adverse Effect, subject in each case to such qualification as may be set forth in the Pricing Disclosure Package and the Prospectus; and, except as described in the Pricing Disclosure Package and the Prospectus, none of such rights-of-way contains any restriction that is materially burdensome to the Partnership Entities, taken as a whole.

  • Right of Use 2.1 Except as expressly otherwise agreed in this Contract, as between the parties all intellectual and industrial property rights in the Supplies, in all documents provided by Siemens in connection with this Contract (the “Documents”) and in all software, hardware, knowhow (“IPR”) and other things provided with or as part of the Supplies and the Documents shall be the exclusive property of and vest in Siemens. The Customer shall not reverse engineer, decompile, or reproduce the Supplies or parts thereof and shall ensure that third parties will not reverse engineer, decompile, or reproduce the Supplies or parts thereof in each case to the extent mandatory law does not prohibit such limitation. 2.2 The Customer may use the Documents unmodified and to the extent necessary for operation and routine maintenance of the Supplies by the Customer’s own personnel, unless explicitly agreed otherwise in writing by Siemens. 2.3 If the Supplies include Siemens software, such software is licenced under the license terms contained in the software documentation, the software itself or in the attached license terms (in each case the “applicable license conditions”), which shall prevail over this Clause 2. The software is issued in object code without source codes. The license hereunder only grants the non-exclusive right to use the software as described in the applicable license conditions or, if there are no applicable license terms, for the purpose of operation and routine maintenance of the Supplies. 2.4 The Supplies may include third party software. Insofar as specific license terms of the third party licensor apply, Siemens will provide such license terms together with the Supplies. The Customer shall comply with such third party license terms. 2.5 Insofar as the software contains Open Source Software (“OSS”), Siemens will provide the applicable OSS license terms together with the Supplies. The OSS license terms shall prevail over this Contract. Details regarding any third-party software and OSS contained in the Supplies are available in the software documentation (e.g. README_OSS). 2.6 The rights granted in Clause 2 shall be transferable to a third party only together with the transfer of ownership of all of the Supplies to that third party. 2.7 Without prejudice to the Customer’s intellectual property rights and subject to compliance with applicable law, Siemens and its Affiliates may for its own business purposes collect, use, modify, and copy any data received in connection with the Supplies. Any legal obligations regarding personal data shall remain unaffected.

  • RIGHT OF FLIGHT Authority reserves, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property owned by Authority, including the Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in said airspace, and for the use of said airspace for landing on, taking off from or operating on Airport. Company expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Premises to such a height so as to comply with Federal Aviation Regulations, Part 77 and Authority zoning. Company further expressly agrees for itself, its successors and assigns, to prevent any use of the Premises or Common Use Areas that would interfere with or adversely affect the operation or maintenance of Airport, or otherwise constitute an Airport hazard.

  • Parking Spaces All fees, taxes, costs, charges and expenses for operating cleaning, painting, managing maintaining, up-keeping, repair, replacement, renovation, overhaul, in respect of the Parking Spaces and also on deployment of personnel and agency for its operation, security, protection and other purposes etc.

  • Car Parking You will not be entitled to apply for permit parking on the Campus unless you are entitled to an exemption from this policy.

  • Parking A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate. B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease. C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.

  • Easement To the extent applicable, Owner agrees to grant to Bell a non-exclusive easement and statutory right of way and/or a path to the property line from the Building, as the case may be and in or through the Equipment Space if it is determined that a fibre optic cable or such other Equipment must be installed to the Building and/or in the Equipment Space. Owner and Bell shall in advance, agree upon a suitable location to install the fibre optic cable on the property of the Owner. Owner agrees to allow Bell to register, at Xxxx'x expense, the easement and right of way, and/or notice of this Agreement

  • Basement Any leaks or evidence of moisture? Yes No Unknown Does Not Apply Comments:

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