Rights Reserved to City. Notwithstanding anything to the contrary in this Lease, City reserves and retains all of the following rights relating to the Premises at all times:
(a) Any and all water and water rights, including, but not limited to (i) any and all surface water and surface water rights, including, without limitation, riparian rights and appropriative water rights to surface streams and the underflow of streams, and (ii) any and all groundwater and subterranean water rights, including, without limitation, the right to export percolating groundwater for use by City or its water customers;
(b) Any and all timber and timber rights, including, without limitation, all standing trees and downed timber;
(c) Any and all minerals and mineral rights of every kind and character now known to exist or hereafter discovered in the Premises, including, but not limited to, oil and gas
(d) All rights to use, operate, maintain, repair, enlarge, modify, expand, replace and reconstruct any Department Facilities;
(e) The right to grant future easements and rights of way over, across, under, in and upon the Premises as City shall determine to be in the public interest, provided that any such easement or right-of-way will be conditioned upon the grantee's assumption of liability to Tenant for damage to its property that Tenant may sustain under this Lease as a result of the grantee's use of such easement or right of way;
(f) Without limiting the generality of Section 3.2(e) above, the right to grant future easements, rights of way, permits and/or licenses over, across, under, in and upon the Premises for the installation, operation, maintenance, repair and removal of (i) equipment for furnishing cellular telephone, radio or other telecommunications services, including, without limitation, antennas, radio, devices, cables and other equipment associated with a telecommunications cell site, and (ii) commercial billboards, signs and/or advertising kiosks, provided that any such easement or right-of-way shall not materially interfere with Tenant's use of the Premises under this Lease, and provided further that the grant of any such easement or right-of-way will be conditioned upon the grantee's assumption of liability to Tenant for damage to its property that Tenant may sustain under this Lease as a result of the grantee's use of such easement or right of way; and
(g) All rights of access provided for in Article 20 below.
Rights Reserved to City. Nothing contained herein shall unlawfully impair the right of City to exercise its governmental or legislative functions. This Agreement is made subject to the Constitution and laws of the State of Texas and to the provisions of the Airport Improvement Program Grant Agreements applicable to the Airport and its operation, and the provisions of such agreements, insofar as they are applicable to the terms and provisions of this Agreement, shall be considered a part hereof to the same extent as though copied herein at length to the extent, but only to the extent, that the provisions of any such agreements are required generally by the United States at other civil airports receiving federal funds. To the best of City's knowledge, nothing contained in such laws or agreements conflicts with the express provisions of this Agreement.
Rights Reserved to City. Rights not specifically granted to Concessionaire by this Agreement are expressly and independently reserved to the City. The City expressly reserve(s) the right to prevent any use of the described Premises which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an Airport hazard.
Rights Reserved to City. (a) No Impairment of City's Rights. Nothing in this Chapter shall impair or affect the right of the City to acquire the property of the Grantee through the exercise of the right of eminent domain at a fair and just value, which shall not include any amount for the Franchise itself or for any of the rights or privileges granted and nothing shall contract away, modify or abridge, either for a term or in perpetuity, the City’s right to eminent domain.
Rights Reserved to City. All rights not specifically granted Operator by this Agreement are reserved to City.
Rights Reserved to City. There is hereby reserved to City every right and power required pursuant to this Agreement to be herein reserved or provided by any lawful code ordinance, resolution, regulation, standard or requirement of any kind imposed by the City; WANRack by its execution of this Agreement agrees to be bound thereby and to comply with any lawful action or lawful requirements of the City in its exercise of such rights or power, heretofore or hereinafter enacted or established. Neither the granting of Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any lawful governmental right or power of City. The reserved rights include the right to use and allow other Competing Users (defined in Subsection 3.6.1 below) to conduct Competing Activities (defined in Subsection 3.6.2 below) at any location upon the Use Areas.
Rights Reserved to City. 10.1 The right is hereby reserved by the City to adopt, in addition to the provisions contained herein, such additional regulations as it shall find necessary; provided, that such regulations shall be reasonable and not in conflict with the rights herein granted and not in conflict with the laws, rules and regulations of other governmental regulatory agencies having jurisdiction over Licensed Use. Such regulations shall be applied in a non-discriminatory manner to all similar Licensees.
Rights Reserved to City. City reserves the following rights:
(a) To name or to change the name of the Building.
(b) To install and maintain or to allow installation and maintenance of signs on the exterior or interior of the Building, excluding the interior of the Premises.
(c) To have pass keys to the Premises.
(d) To have access to the Premises for purposes of inspection upon reasonable prior notice.
(e) On reasonable prior notice to Sublessee, to exhibit the Premises to prospective tenants during the last six (6) months of the term of this Sublease, and to any prospective purchase, mortgagee, or assignee of any mortgage on the Building and to other having a legitimate interest at any time during the term of this Sublease.
(f) At any time in the event of an emergency and otherwise at reasonable times, to take any and all measures, including inspections, repairs, alterations, additions, and improvement to the Premises or to the Building as may be necessary or desirable for the safety, protection or preservation of the Premises or the Building or City’s interest, or as may be necessary or desirable in the operation or improvement of the building, or in order to comply with laws, and requirement of governmental or other authority.
Rights Reserved to City. In addition to all other rights reserved to the CITY, the following shall apply:
a. There is hereby reserved to the CITY every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful ordinance or resolution of the CITY, whether enacted before or after the effective date of this part.
b. Neither the granting of any franchise nor any provision of any franchise shall constitute a waiver of or a bar to the exercise of any governmental right or power of the CITY.
c. Except as provided in this Agreement, FRANCHISEE shall have no recourse whatsoever against the CITY, its officers, employees or agents for any loss, cost, expense or damage arising out of any provision or requirement of this part or of any franchise issued under this part or because of the enforcement of this part.
d. There is hereby expressly reserved to the CITY the power and authority to amend any section of this part so as to require additional or greater standards on the part of the FRANCHISEE and the power and authority to increase the franchise fees to be paid by the grantee pursuant to the Municipal Code.
Rights Reserved to City. Notwithstanding anything to the contrary in this Lease, City reserves and retains all of the following rights relating to the Premises at all times: