Use of Remainder of Network - Expiry With Transfer Sample Clauses

Use of Remainder of Network - Expiry With Transfer. Where the Agreement expires (without sooner cancellation under Section 13.2 – Default or Section 2.3(b) – Early Cancellation), and the City has accepted the Dark Fibre Transfer, the following provisions govern the portion of the Vancouver Network not conveyed pursuant to the Dark Fibre Transfer (the “Remainder of the Network”): (i) the City cannot require the Company to remove or abandon the Remainder of the Network under (iv) below, (ii) the Company retains title to the Remainder of the Network, but now covenants not to make use of the remainder of the Network for any purpose and further covenants that all compensation and benefit from any use of the Remainder of the Network in breach of this restrictive covenant will be received in trust as agent for the City and immediately paid over to the City, (iii) the City now covenants not to make use of the Remainder of the Network for any purpose and further covenants that all compensation or benefit from any use of the Remainder of the Network in breach of this restrictive covenant will be received in trust as agent for the Company and immediately paid over to the Company, except where (iv) below applies, (iv) except as modified by this Section (iv) and by Sections (i), (ii) and (iii) above, the terms of this Agreement which survive the expiry of the Agreement as provided by Section 1.5 – Survival of Obligations will continue to bind and benefit the City and the Company to the fullest extent. In addition to all of its other remedies under this Agreement (and completely independently of the procedures set out in Section 13.2 – Default) the City may, upon the Company’s breach of the restrictive covenant in Section (ii) above or upon the Company’s breach of any other surviving term of this Agreement, by written notice immediately terminate the Company’s limited licence under this Section (d) to store the Remainder of the Network on Public Property and Section (e) below will then apply as though this Agreement had been initially cancelled under Section 13.2 – Default.
Sample 1
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