Underlying Rights. In the event of any changes in underlying ROW, rights to use fiber optic cable and/or equipment or Facilities, resulting in Authority's loss of rights which it deems necessary to provide the Lease hereunder, Authority may in its sole discretion terminate this Agreement and/or any or all Network Specifications. Termination for Underlying Rights will constitute a Conditional Release.
Underlying Rights. 4.1 The Underlying Rights for the Southern Route will be provided pursuant to the PNM Agreement. Tri-State will provide the Underlying Rights for the Northern Route pursuant to this Agreement and to the extent permitted by the Underlying Rights that have been provided to Pathnet for its review prior to [* * *], hereby grants to each Party an easement for the term of this Agreement to use and access the Tri-State right of way to the extent necessary or appropriate to permit such Party to exercise its rights and perform its obligations hereunder. Pathnet will be responsible for obtaining any and all other Underlying Rights required to install, maintain and operate the System, provided that the Parties will use reasonable efforts to cooperate with Pathnet in obtaining any additional underlying rights. Prior to [* * *], Tri-State will disclose to Pathnet any Underlying Rights Requirements of which it is aware that would materially interfere with the construction and operation of the System on the Northern Route. Tri-State will use its best efforts to obtain Perfection Rights for at least the term of the Agreement, and will not agree to any Perfection Rights for less than the term of the Agreement without the prior written consent of Pathnet. If Tri-State is unable to obtain Perfection Rights for the full term of the Agreement on any portion of the right of way, then Tri-State and Pathnet will convene to discuss the best way to proceed. Provided that Tri-State follows the procedures set forth in this Section 4.1, Tri-State will not be in breach of this Agreement for any failure to obtain Perfection Rights for the full term of this Agreement.
4.2 In order to prevent a situation where Tri-State incurs Project Costs in obtaining the Perfection Rights, but is subsequently unable to obtain sufficient Perfection Rights to develop the System, Tri-State may obtain Perfection Rights by making deposit or option payments, with full payment for the Perfection Rights contingent on acquiring sufficient Perfection Rights to develop the System. Pathnet shall be responsible for its share of the costs in obtaining the Perfection Rights, including both the amount of any payments to landowners and the cost of contractors and Tri-State personnel (not in excess of costs that would have been charged by non-affiliated entities) in obtaining the Perfection Rights, provided that if Pathnet elects to withdraw from the Project as provided in Section 5.2, Pathnet's share of the costs of ac...
Underlying Rights. To the best of Ledcor's knowledge, pursuant to the Build Agreements (described in Exhibit 3 attached hereto), one or more of fONOROLA Telecommunications, Limited Partnership, fONOROLA Fiber Development Inc. and Ledcor have secured or are proceeding to secure from the owners of all lands and properties through which the Purchased Strands pass sufficient easements, licenses, rights of way or similar permission (collectively "Underlying Rights") to assure peaceable occupation, quiet possession and use, subject to the terms of and compliance with the Assumed Contracts and all related primary licensing documents and laws, of the Purchased Strands and the proportionate undivided interest in the Support Structures to which the owner of the Purchased Strands is entitled, free of any material adverse claims of such owners or those claiming through them;
Underlying Rights. CONSULTANT has obtained or otherwise holds certain rights of way for construction and operation of the System on the Institutional Network Route some of which may pre-date both the date of this Agreement and the date of the Local Franchise. CONSULTANT covenants to CITY that CONSULTANT currently has sufficient underlying rights to satisfy all of its obligations to CITY under this Agreement.
Underlying Rights. CTMG shall have all rights in and to all literary, dramatic, musical and other material provided by Machinima in connection with the Programs that are necessary for CTMG's exercise of its rights in and to the Programs as set forth herein. Except for Picture-related materials furnished by CTMG to Machinima hereunder, all other content included in the Programs is and shall at all times be either (i) original content created by Xxxxxxxxx (and/or any of Machinima’s Authorized Personnel) in accordance with this Agreement (“Original Machinima Content”), or (ii) Third Party Licensed Materials for which Xxxxxxxxx has obtained Third Party Licenses as required hereunder and with respect to which Xxxxxxxxx has granted Machinima Licenses in accordance with this Agreement.
Underlying Rights. Suneva acknowledges and agrees that, except as expressly provided herein, as between the Parties, Supplier has sole right, title and interest in and to all intellectual property rights covering or claiming the Products and the Supplier Technology, but excluding any Xxxxxx Xxxxx. Supplier acknowledges and agrees that Suneva has sole right, title and interest in and to all intellectual property rights covering, claiming or associated with the Xxxxxx Xxxxx and all goodwill associated therewith.
Underlying Rights. 5.1 The Hiring Company warrants and undertakes to the ROH that it shall enter into an agreement with the Underlying Rights Holder for all rights in the Work that are necessary for the Hiring Company to perform the Work for the purpose of the Production and any other use of the Work authorised by the ROH under the terms of this Agreement.
5.2 The Hiring Company warrants and undertakes to the ROH that it shall not use the Orchestral Materials without the prior written agreement of the Underlying Rights Holder.
Underlying Rights. “Underlying Rights” shall mean all deeds, leases, easements, rights-of-way agreements, licenses, franchises, permits, grants, permissions and other rights, titles and interests that are necessary for the SOW. If Intermax is the owner of some or all of the Work Site, Intermax hereby grants permission to Contractor to construct, bore, install, attach to, own, operate, maintain, repair, disconnect, replace and remove fiber optic cable, conduit, innerduct, fiber termination panels and associated equipment (collectively the “Worksite Placeholder”), in, on, over, under and across the portion of the Work Site owned by Intermax in order to allow Contractor to perform the Scope of Work and complete the Project. Intermax shall arrange some or all of the Underlying Rights from the appropriate owner(s) and/or legal jurisdictions in order to allow Contractor to perform the SOW as follows: _ Intermax understands and agrees that any delay caused by Intermax’s failure to obtain Underlying Rights may cause the Start Date to be tolled on a day-for-day basis. Contractor shall arrange for all of the necessary Underlying Rights from the appropriate owner(s) and/or legal jurisdictions, as follows:
Underlying Rights. (a) Provider has obtained standard utility facility construction permits along the System Route as a certificated utility in the states in which the System Route is located and such permits constitute the Underlying Rights. Recipient has been provided access to all previously issued construction permits and will be provided copies of all subsequently issued construction permits. Recipient has been provided contact names at all permitting agencies issuing such permits. Provider expressly disclaims any representations and warranties as to the Underlying Rights other than as evidenced in such permits. Provider shall cooperate with Recipient in transferring to Recipient all Underlying Rights with respect to the Recipient Conduit, to the extent permitted under applicable law.
(b) Notwithstanding anything in this Agreement to the contrary, it is expressly understood that Recipient shall be solely responsible for compliance with all legal and regulatory requirements associated with its business or operation of the Recipient Conduit including maintaining all required franchises, permits, authorizations, licenses, approvals or other consents, and Provider shall have no responsibility or liability whatsoever in connection therewith.
Underlying Rights of-way agreements, licenses, franchises, permits, grants, permissions and other rights, titles and interests that are necessary for the SOW. If Intermax is the owner of some or all of the Work Site, Intermax hereby grants permission to Contractor to construct, bore, install, attach to, own, operate, maintain, repair, disconnect, replace and remove fiber optic cable, conduit, innerduct, fiber termination panels and associated equipment (collectively the ), in, on, over, under and across the portion of the Work Site owned by Intermax in order to allow Contractor to perform the Scope of Work and complete the Project. Intermax shall arrange some or all of the Underlying Rights from the appropriate owner(s) and/or legal jurisdictions in order to allow Contractor to perform the SOW as follows: _ _ Intermax understands and agrees that any delay caused by Intermax Rights may cause the Start Date to be tolled on a day-for-day basis. Contractor shall arrange for all of the necessary Underlying Rights from the appropriate owner(s) and/or legal jurisdictions, as follows:
