Utility Rights Reserved to the Port Authority Sample Clauses

Utility Rights Reserved to the Port Authority. (1) Without limiting the generality of the foregoing, the Port Authority, by its officers, employees, agents, authorized representatives and contractors, and furnishers of Utilities and other services, shall have the right, for its own benefit, for the benefit of the Lessee, or for the benefit of persons other than the Lessee at the Airport, to maintain existing and future Utilities, and to enter upon the Premises at all reasonable times to make such repairs, replacements or alterations as may, in the opinion of the Port Authority, be deemed necessary or advisable and, from time to time, to construct or install over, in or under the Premises new Utilities or parts thereof, and to use the Premises for access to other parts of the Airport otherwise not conveniently accessible (any such repairs, replacements, installation, construction, alterations or use for access, a “Utility Servicing”); provided, however, that in the conduct of such Utility Servicing, the Port Authority shall (i) not unreasonably interfere with the Work or the use and occupancy of the Premises by the Lessee, its Contractors, its Sublessees or their respective invitees, (ii) provide reasonable notice of any Utility Servicing (except in cases of an emergency that threatens bodily injury or material damage to property or a life, health, security, safety or environmental hazard), (iii) restore or cause the restoration of any excavation, demolition or other disruption of the Premises conducted as part of the Utility Servicing to its original state (the “Utility Restoration”) within a commercially reasonable period and (iv) not hold the Lessee responsible for the cost of any Utility Servicing or Utility Restoration; provided, further, for the avoidance of doubt, the foregoing clause (iv) shall not apply to any Utility Servicing or Utility Restoration performed pursuant to Section 83 (Right to Perform the Lessee’s Obligations); and provided further, for the avoidance of doubt, the Port Authority’s rights in this clause (b) shall not apply to Utilities which the Lessee is required to repair and maintain under this Agreement and the provisions of Section 83 (Right to Perform the Lessee’s Obligations) shall apply.
Sample 1
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Utility Rights Reserved to the Port Authority. (a) Pursuant to Section 7.3(a) of the Lease, the Port Authority, by its officers, employees, agents, authorized representatives, contractors and furnishers of Utilities and other services, has the right, for its own benefit, for the benefit of the Developer, or for the benefit of others than the Developer at LGA Airport, to maintain the Utility Systems (which exclude the CHRP and other Utility and other systems for which the Developer is responsible pursuant to the Project Documents) and to enter upon the Premises at all reasonable times for Utility Servicing. The Design-Builder agrees to permit the Port Authority, by such Persons, entry to the DB Work and Staging Area as and when required by, and for the purposes set forth in, Section 7.3(a) of the Lease; provided, however, that such entry shall be subject to the Port Authority’s compliance with the requirements of such Lease provision, which include that, in the conduct of such Utility Servicing the Port Authority shall (i) not unreasonably interfere with the Work or the use and occupancy of the Premises by the Developer, its Contractors (including the Design-Builder), or their respective invitees, (ii) provide reasonable notice of any Utility Servicing (except in cases of Emergency), (iii) perform Utility Restoration within a commercially reasonable period and (iv) not hold the Developer responsible for the cost of any Utility Servicing or Utility Restoration. The Developer shall not hold the Design-Builder responsible for the cost of any Utility Servicing or Utility Restoration.
Sample 1

Related to Utility Rights Reserved to the Port Authority

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