RIGHTS OF OTHER PARTIES. A. If Electric Utility, prior to the execution of this Agreement, conferred upon Outside Parties, by contract or otherwise, rights or privileges to attach to any of its poles covered by this Agreement, nothing herein contained shall be construed as affecting said rights or privileges with respect to existing Attachments of such Outside Parties, which Attachments shall continue in accordance with the present practice; all future Attachments of such Outside Parties shall be in accordance with the requirements of ARTICLE XV.B. below, except where such Outside Parties have by agreements entered into prior to the execution of this Agreement acquired enforceable rights or privileges to make Attachments which do not meet such space allocations. Electric Utility shall derive all of the revenue accruing from such Outside Parties. Any contractual rights or privileges of Outside Parties recognized in this paragraph shall include renewals of or extensions of the term (period) of such contracts.
B. If Electric Utility desires to confer upon Outside Parties, by contract or otherwise, rights or privileges to attach to any of its poles covered by this Agreement, it shall have the right to do so, provided all such Attachments of such Outside Parties are made in accordance with the following: (1) such Attachments shall be maintained in conformity with the requirements of ARTICLE III - SPECIFICATIONS, and (2) such Attachments shall not be located within the space allocation of Licensee. Electric Utility shall derive all of the revenue accruing from such Outside Parties.
C. With respect to any rights and privileges granted by Electric Utility under this Article to others not parties hereto, Electric Utility shall reimburse Licensee's cost for transferring and rearranging Licensee's Attachments to provide space for Attachments for such Outside Parties.
D. Outside Parties shall be responsible for their pro rata share of any costs mentioned in ARTICLE IX- DIVISION OF COSTS.
RIGHTS OF OTHER PARTIES. The Company shall give timely notice to any person having a right to participate in this transaction and shall allow any such party to participate in an amount so that the Purchaser’s purchase price pursuant to this Agreement shall equals its pro rata portion of any such right.
RIGHTS OF OTHER PARTIES. The Party to whom the duty or obligation is owed in respect of which a cause of delay has occurred may, in those circumstances, for as long as the force majeure prohibits the other Party from performing its duties under this Agreement, take temporary steps to mitigate the damages it may sustain on the understanding that no claim may result from that actions in favour of the other Party.
RIGHTS OF OTHER PARTIES. Nothing herein shall be construed to limit the right of Licensor, by contract or otherwise, to confer upon others, not parties to this agreement, rights or privileges to use the poles covered by this agreement.
RIGHTS OF OTHER PARTIES. 16.1 Nothing herein shall be construed to limit the right of the LEWES BPW, by contract or otherwise, to confer upon others, not parties to this Agreement, rights or privileges to use the poles covered by this Agreement. Rights granted to third parties shall not infringe upon the rights of the Licensee in this Agreement.
16.2 If Licensee’s new Attachment requires rearranging any other user’s Attachment on the LEWES BPW’s pole(s), Licensee shall give notice thereof to such user prior to making its own Attachment and shall cooperate with the other user in the rearrangement of facilities. Licensee hereby acknowledges that it shall bear the expense of necessary rearrangement of Attachment(s), provided such Costs are reasonable. Licensee does not have the right to rearrange the facilities of other users except with written permission from such user. Any Attachment privileges granted to Licensee hereunder shall be subject to any rights or privileges heretofore granted by the LEWES BPW to any user previously attaching.
16.3 If other users require the rearrangement of Licensee’s Attachments in order to attach their facilities under the authority of Make Ready Construction plans approved by the LEWES BPW for their work, Licensee agrees to reasonably cooperate with such user in scheduling and performing the work and the other user shall bear the expense of such rearrangement, provided that any Cost charged to the other user shall be reasonable and shall be no more than Licensee’s actual cost of doing the work.
RIGHTS OF OTHER PARTIES. 12.1 We and the policyholder are the parties to this contract.
12.2 Except where we say otherwise in your policy, we do not intend anyone else to have direct or indirect contractual rights under it.
RIGHTS OF OTHER PARTIES. Nothing in this Agreement shall be interpreted to create any rights in any third party that is not an entity or subdivision of the Navajo Nation government.
RIGHTS OF OTHER PARTIES. The parties agree that the State of Alaska and any successor is a third party beneficiary of the Grantees obligations in Appendix B1, No. 14 (Operation and Maintenance of Facilities), Appendix A, No. 29 (Inspections and Retention of Records), Appendix A, No. 9 (Compliance with Applicable Law and Funding Source Requirements), and Appendix A, No. 6 (Public Purposes); otherwise, no person is a third party beneficiary of this Agreement and this Agreement creates no third party rights. Specifically, any person who is not a party to this Agreement shall be precluded from bringing any action asserting liability of a party or asserting any right against a party to this Agreement, through the terms of this Agreement. No person, other than a party to this Agreement, may bring any action based upon this Agreement for personal injuries, property damages, or otherwise.
RIGHTS OF OTHER PARTIES. In the event that the Premises or any portion thereof is subject to a mortgage whose lien would otherwise be superior to Tenant's interest under this Lease, then this Lease shall not become effective until such time as Landlord, Tenant and all of the parties holding any such mortgage (collectively, the "Lender", whether one or more) have executed a non-disturbance agreement in form reasonably acceptable to Landlord and Tenant which provides, inter alia, that if the Lender forecloses such mortgage or otherwise acquires title to the Premises or any portion thereof: (i) the Lender will not join Tenant as a party to such foreclosure or seek to terminate this Lease or otherwise affect Tenant's occupancy of the Premises under this Lease so long as Tenant is in compliance with its obligations under this Lease; and (ii) Tenant shall recognize, and attorn to, the Lender or other party which acquires title to the Premises by such foreclosure or transfer. In the event that Landlord shall grant a mortgage covering any portion of the Premises which would otherwise be inferior to Tenant's interest under this Lease, Tenant, Landlord and Lender shall enter into an agreement which contains the provisions set out in the previous sentence and which further provides that Tenant shall subordinate its interest under this Lease to the Lender's interest under its mortgage.
RIGHTS OF OTHER PARTIES. The Commissioned Party shall undertake to ensure that the Assignment and the performance of the Assignment do not infringe on proprietary rights or intellectual property rights belonging to or controlled by other parties than the Commissioned Party. In this connection the Commissioned Party shall undertake to have agreements with his employees and subcontractors that secure the necessary rights to enable performance of the agreement by the Commissioned Party. If it comes to the Commissioned Party’s attention that the exploitation of the results, including any final report or interim reports, may infringe on the rights of other parties, the Commissioned Party shall immediately notify the Principal in writing.
