Use of Right-of-Way. In the use of the right-of-way under this Contract franchise, the Grantee shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, statutes, ordinances, orders, rules and regulations adopted by the governmental bodies now or hereafter having jurisdiction. As a condition of this Contract franchise, Grantee is required to obtain and is responsible for any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC), subject to Grantee’s right to challenge in good faith such requirements as established by the FCC, KCC or other City Ordinance. In addition, the Grantee shall be subject to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City relating to the use of the right-of-way, including but not limited to, permits, sidewalk and pavement cuts, utility location, construction coordination, beautification, tree care, and other requirements on the use of the right-of-way and shall comply with the following:
a) The Grantee’s use of the right-of-way shall in all matters be subject and subordinate to the City's use of the right-of-way for any public purposes and the public health, safety and welfare requirements and regulations of the City. The Grantee shall coordinate the placement of its facilities in a manner that minimizes adverse impact on public improvements, as reasonably determined by the City. Where placement is not otherwise regulated, the facilities shall be placed with adequate clearance from such public improvements so as not to impact or be impacted by such public improvement.
b) All earth, materials, sidewalks, paving, crossings, utilities, public improvements or improvements of any kind injured, damaged or removed by the Grantee in its activities under this Contract franchise shall be fully repaired or replaced within a reasonable time by the Grantee at its sole expense and to the reasonable satisfaction of the City and the Grantee.
c) The Grantee shall keep and maintain accurate records and as-built drawings depicting the accurate location of all facilities constructed, reconstructed, or relocated in the right-of-way after the da...
Use of Right-of-Way. It is understood that the State by execution of this agreement does not impair or relinquish the State’s right to use such land for highway purposes when it is required for the construction or re-construction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any interest in the land described herein but merely consents to such use to the extent its authority and title permits.
Use of Right-of-Way. City agrees to allow Company, its representatives, employees, consultants and contractors, non-exclusive use of those portions of the public right-of-way reasonably necessary for operation of Company’s Shared Active Transportation Operation, but subject to the limitations imposed by the City’s Code of Ordinances and the terms of this Agreement. The grant of this use shall not constitute a conveyance of any interest in the public right of way. Notwithstanding anything herein, the Parties agree that City shall have the right to work within and restrict access to portions of the right-of-way, whether by its own forces or contracted forces.
Use of Right-of-Way. The Secretary shall have the right to utilize any land owned or controlled by the Project Sponsor, lying inside or outside the limits of the Project Sponsor as shown on the final Design Plans, for the purpose of constructing the Project.
Use of Right-of-Way. It is understood that the State by execution of this agreement does not impair or relinquish the State’s right to use such land for highway purposes when it is required for the construction or re-construction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any interest in the land described herein but merely consents to such use to the extent its authority and title permits. NNaammeeffoor rCCoonntrtaracct t
Use of Right-of-Way. The City grants to the Commission the right to use the right of way within any existing street, alley or other public way which is under the jurisdiction of the City as may be necessary to construct and maintain said highway through the City.
Use of Right-of-Way. The MUNICIPALITY will not permit, now or hereafter, any installation of utilities or other work within the rights-of-way now controlled or acquired in connection with the Project until the MUNICIPALITY’S legislative body has approved detailed plans showing the proposed work and issued a permit, all in accordance with 19 V.S.A.
Use of Right-of-Way. (A) Subject to the City’s supervision, Right of Way permitting requirements and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the Right of Way within the Franchise Area, such wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the Franchise Area. Grantee shall comply with all applicable laws.
(B) This grant does not include the installation, maintenance or construction, repair or replacement of any wireless telecommunications facilities or equipment within Right of Way or otherwise on City-owned property or on property held in trust or used by the City except for facilities or equipment used by Grantee for status monitoring of Grantee’s Communications Facility; equipment utilized to provide “last mile” connectivity to a Subscriber who could not economically be serviced otherwise; or upon approval by the City which shall not be unreasonably withheld, other wireless transmit/receive equipment incidental to the operation of Grantee’s Communications Facility.
Use of Right-of-Way. 2.1 The Right-of-Way shall be available to the Grantee, its agents, servants workmen and members of the general public, desiring to use, enter, go, return, pass and re-pass, over and on the Right-of-Way for access to properties adjacent to the Servient Land with or without motor vehicles or bicycles at all times both day and night and during each and every day in each and every year that this Easement shall remain in full force and effect.
2.2 The Grantor shall not construct or permit to be constructed on the Right-of-Way any barrier, structure, obstruction or improvement of any kind which prevents the access to or the use of the Right-of-Way by all parties entitled thereto.
Use of Right-of-Way. 4.18.1 The City grants PSTA, on a non-exclusive basis, rights to the City right of way, including surface, subsurface, and air space, necessary for the design, construction, and operation of the Project and for the overall operation and maintenance of the Project so that PSTA is in continuing satisfactory control of all improvements that are part of the Project for the length of time required by FTA regulations.
