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Unauthorized Occubancv of GTE Conduit Sample Clauses

Unauthorized Occubancv of GTE Conduit. 14.1 The parties agree that, because it would be impracticable and extremely difficult to determine the amount of actual damages resulting Licensee’s unauthorized occupancy, a charge equal to (5) times the amount of the then current Occupancy Fee shall be paid by Licensee to GTE for each unauthorized occupancy of GTE’s conduit(s) by Licensee. Such payment shall be deemed liquidated damages and not a penalty. Licensee also shall pay GTE an Occupancy Fee for each unauthorized occupancy accruing from the occupancy first began. In the event that the date the unauthorized occupancy began cannot be determined, such date shall be deemed the date of the last physical inventory made in accordance with this Agreement or, if no physical has been conducted, the date the first COR from Licensee was approved in accordance with this Agreement. Licensee also shall pay to GTE all costs incurred by GTE to rearrange Licensee’s Facilities that are unauthorized if such rearrangement is required to safeguard GTE’s facilities or to accommodate the facilities of another party whose facilities would not have required a rearrangement but for the presence of Licensee’s unauthorized facilities. Licensee also shall pay to GTE all costs incurred by GTE to reinforce, replace or modify any GTE conduit(s), which reinforcement, replacement or modification is required as a result of the unauthorized occupancy by Licensee. The Occupancy Fee referenced in this subsection 14.1 shall be determined in the same manner as such a fee would have been determined if the occupancy had been authorized by GTE. 14.2 Once GTE has Licensee of an unauthorized Occupancy, the Licensee can submit a COR to request an authorized Occupancy. A COR submitted per this provision will be treated like any other COR subject to this agreement. Licensee will be responsible for all fees associated with a COR (as identified in this agreement). If a COR is not received by GTE within ten (10) Business Days of Licensee’s receipt of an unauthorized Occupancy notification, then Licensee has sixty (60) calendar days from the date of its receipt of the initial unauthorized Occupancy notification to vacate the Occupancy. 14.3 For purposes of this section, an unauthorized occupancy shall include, but not be limited to: 14.3.1 The presence of Licensee’s Facilities in any GTE conduit which conduit is not identified in any COR approved in accordance this Agreement: 14.3.2 The presence of Licensee’s Facilities in any GTE conduit that occ...
Sample 1

Related to Unauthorized Occubancv of GTE Conduit

  • Unauthorized Access Using service to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Company’s or a third party’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data.

  • Unauthorized Aliens Consultant hereby promises and agrees to comply with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

  • Unauthorized Leave Leave other than that provided for in this section may be cause for disciplinary action.

  • Unauthorized Work The contractor is not authorized at any time to commence task order performance prior to issuance of a signed TO or other written approval provided by the CO to begin work.

  • Unauthorized Acts Each Party shall (a) notify the other Party promptly of any unauthorized possession, use, or knowledge of any Confidential Information by any person which shall become known to it, any attempt by any person to gain possession of Confidential Information without authorization or any attempt to use or acquire knowledge of any Confidential Information without authorization (collectively, "Unauthorized Access"), (b) promptly furnish to the other Party full details of the Unauthorized Access and use reasonable efforts to assist the other Party in investigating or preventing the reoccurrence of any Unauthorized Access, (c) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by such Party to protect its proprietary rights, and (d) use commercially reasonable efforts to prevent a reoccurrence of any such Unauthorized Access.

  • Unauthorized Transactions You are not responsible for unauthorized Transactions. A Transaction is considered an “unauthorized Transaction” if we complete an investigation and determine that: • The Account was used by someone other than you; • You did not receive any benefit from the Transaction; • You co-operated fully with us in our investigation; and • You followed your responsibilities under this Agreement, including in these sections: i. “Unauthorized Transactions”; ii. “Using the Account”;

  • Contact in Event of Unauthorized Transfer If you believe your Card and/or access code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, either call us immediately at:

  • Unauthorized Access Notification XXX shall notify Provider promptly of any known unauthorized access. XXX will assist Provider in any efforts by Provider to investigate and respond to any unauthorized access.

  • Unauthorized Use The Participating Institutions, or the Authorized Users shall not knowingly permit anyone other than the Authorized Users to access the Licensed Materials.

  • Unauthorised use We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorised use of the Electronic Service. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgements, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Service by using your designated passwords, whether or not you authorised such use.

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