Scope of Use Agreement. Any and all rights expressly granted to Crown under this Use Agreement, which shall be exercised at Crown’s sole cost and expense, shall be subject to the prior and continuing right of the Local Government under applicable Laws to use any and all parts of the Public Way exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Crown a real property interest in land, including any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Use Agreement shall be subject to the reasonable prior review and approval of the Local Government except that it is agreed that no zoning or planning board permit, variance, conditional use permit or site plan permit, or their equivalent under the Local Government’s ordinances, codes or laws, shall be required for the installation of Crown’s Equipment installed in the Public Way and / or on Municipal Facilities, unless such a process has been required for the placement of all communications facilities and equipment in the Public Way by all other telecommunications providers, including but not limited to the ILEC and local cable provider(s).
Scope of Use Agreement. Any and all rights expressly granted to Cross River Fiber under this Use Agreement, which shall be exercised at Cross River Fiber’s sole cost and expense, shall be subject to the prior and continuing right of the Township under applicable laws to use any and all parts of the Public Rights-of-Way exclusively or concurrently with any other person or persons, and shall by further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect such Public Rightsof-Way. Nothing in this Use Agreement shall be deemed to grant, convey, create or vest in Cross River Fiber a real property interest in land, including any fee, leasehold interest, easement, or any other form of interest or ownership. The Township hereby authorizes and permits Cross River Fiber to enter upon the Public Rights-of-Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate and replace its telecommunications facilities, in or on Utility Poles or other structures owned by public utility companies, or others, or to be constructed by Cross River Fiber located within the Public Rights-of-Way, as the case may be.
Scope of Use Agreement. Any and all rights expressly granted to Company under this Use Agreement, which shall be exercised at Company's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Way exclusively or concurrently with any other person or entity, and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Company an interest in any structure, real estate or land, including any fee, leasehold interest, or easement, and neither this Use Agreement nor any permit issued pursuant hereto or to any provision of applicable Law shall constitute an assignment of any of the City's rights in or to any Municipal Facility. Any work performed pursuant to the rights granted under this Use Agreement shall be subject to the reasonable prior review and approval of the City and shall after approval be subject to regulation by the City, in compliance with local, state and Federal law.
Scope of Use Agreement. Any and all rights expressly granted to Metricom under this Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Right-of-Way exclusively or concurrently with any other Person or Persons and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Right-of-Way. Any work performed pursuant to the rights granted under this Use Agreement may occur only after the reasonable prior review and written approval of the City.
Scope of Use Agreement. This Agreement may not be modified except by an agreement in writing signed by the Party against whom the enforcement of any waiver, change, modification, or discharge is sought.
Scope of Use Agreement. Any and all rights expressly granted to Crown under this Use Agreement, which shall be exercised at Crown’s sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Way exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Crown a real property interest in land, including any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Use Agreement shall be subject to the reasonable prior review and approval of the City). The City shall treat occupants of the Public Way in a reasonable, fair, and competitively non-discriminatory manner, which may take into account the use of or attachment to Municipal Facilities.
Scope of Use Agreement. All rights expressly granted to Licensee under this Agreement, which shall be exercised at Licensee’s sole cost and expense, are subject to the prior and continuing right of the City under applicable law to use all parts of the ROW exclusively or concurrently with any other person or entity, provided that such use does not unreasonably interfere with Licensee’s use of the ROW, and are further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title record that may affect the ROW. Furthermore, all work performed pursuant to the rights granted by this Agreement is subject to the prior review and approval of the City in accordance with its customary permitting procedures. Notwithstanding the foregoing or anything else in this Agreement to the contrary, Licensee shall not be required to obtain additional governmental approvals for modification to the Equipment if such modification (i) does not materially affect the radiofrequency use by the Equipment; (ii) involves only substitution of internal components, and does not result in any change to the external appearance, dimensions, or weight of the Equipment; or (iii) involves replacement of the Equipment with Equipment that is the same, or smaller in weight and dimensions as the approved Equipment. Licensee shall send notification of any such changes to the equipment to the City a minimum of thirty (30) days prior to any work to affect such changes. Nothing in this Agreement may be deemed to grant, convey, create, or vest in Licensee a real property interest in land, including any fee, leasehold interest, or easement. Notwithstanding the foregoing, Licensee is hereby notified that any property interest deemed to have been created by or as a result of this Agreement may be subject to property taxation, and Licensee may be subject to the payment of property taxes levied on the interest.
Scope of Use Agreement. Any and all rights expressly granted to Verizon under this Use Agreement, which shall be exercised at Verizon’s sole cost and expense, shall be subject to the prior and continuing right of the Township under applicable Laws to use any and all parts of the Right-of-Way exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Right-of-Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Verizon a real property interest in land, including but not limited to any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Use Agreement shall be subject to the reasonable prior review and approval of the Township, which approval shall not be unreasonably withheld, conditioned, or delayed, except that it is agreed that no zoning or planning board permit, variance, conditional use permit or site plan permit, or their equivalent under the Township’s ordinances, codes or laws, shall be required for the installation of Verizon’s Equipment installed in the Right-of-Way and/or on Township Facilities, unless such a process has been required for the placement of all communications facilities and equipment in the Right-of-Way by all other telecommunications providers, including but not limited to the ILEC and local cable provider(s).
Scope of Use Agreement. Any and all rights expressly granted to Verizon Wireless under this Use Agreement, which shall be exercised at Verizon Wireless sole cost and expense, shall be subject to the prior and continuing right of The Borough under applicable laws to use any and all parts of the municipal rights-of-way exclusively or concurrently with any other person or persons, and shall by further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect such municipal rights-of-way. Nothing in this Use Agreement shall be deemed to grant, convey, create or vest in Verizon Wireless a real property interest in land, including any fee, leasehold interest, easement, or any other form of interest or ownership, and does include any state or county road rights of way that might be required. Subject to obtaining the permission of the owner(s) of existing Utility Poles and underground conduit's, which shall be the sole responsibility of Verizon Wireless to undertake and obtain, The Borough hereby authorizes and permits Verizon Wireless to enter upon the municipal rights-of-way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate and replace its telecommunications facilities, in or on Utility Poles or other structures owned by public utility companies or to be constructed by Verizon Wireless located within the municipal rights-of-way as may be permitted by the public utility company or property owner, as the case may be.
Scope of Use Agreement. Any and all rights expressly granted to Cross River Fiber under this Use Agreement, which shall be exercised at Cross River Fiber’s sole cost and expense, shall be subject to the prior and con- tinuing right of the Township under applicable laws to access any and all parts of the Public Rights- of-Way exclusively or concurrently with any other person or persons, and shall by further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect such Public Rights-of-Way. Nothing in this Use Agreement shall be deemed to grant, convey, create or vest in Cross River Fiber a real property interest in land, including any fee, leasehold interest, easement, or any other form of interest or ownership. The Township hereby authorizes and permits Cross River Fiber to enter upon the Public Rights- of-Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate and replace its Telecommunications Facilities, in or on Utility Poles or other structures owned by public utility com- panies, or others, or to be constructed by Cross River Fiber located within the Public Rights-of-Way as may be permitted by the property owner, as the case may be. Cross River Fiber shall obtain all required permits from the Township Construction Department and comply with all condition imposed by the Township Construction Department prior to any installation, operation, maintenance, removal, reattachment, reinstallation, relocation and/or replacement of its Telecommunications Facilities. Cross River Fiber shall be solely responsible for the care and maintenance of its Facilities in- stalled pursuant to this Use Agreement.
