Common use of VACATION OF PUBLIC WAYS Clause in Contracts

VACATION OF PUBLIC WAYS. The CITY shall give COMPANY at least six months prior written notice of a proposed vacation of a Public Way. The COMPANY shall have a reasonable opportunity to purchase the vacated Public Way at fair market price. If the vacated Public Way is involved with the demolition resettlement of these major facilities, such as energy related public utility service, communication cables, transformer facilities and underground construction, the COMPANY shall pay for the reasonable resettlement fees in accordance with the provisions of a separate Demolition Agreement passed by CITY. Except where required for a CITY improvement project, the vacation of any Public Way, after the installation of NETWORK, shall not operate to deprive COMPANY of its rights to operate and maintain such NETWORK until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to COMPANY. In no case, however, shall CITY be liable to COMPANY for failure to specifically preserve the rights of way. COMPLIANCE WITH ENVIRONMENTAL REGULATION Both parties hereto agree that they shall take all feasible measures to ensure that the provisions of this Agreement shall be carried out with due regard to ecological and environmental factors and in compliance with all applicable government environmental regulations. The COMPANY will document to the CITY’s satisfaction that the NETWORKs exceed by 5 times (5X) the efficiency of transport modes currently operating in the Rights of Way measured in passenger-mile per unit of energy consumed. Environmental approvals are granted based on exceeding this 5X metric (Reference Section 7).

VACATION OF PUBLIC WAYS. The CITY shall give COMPANY at least six months prior written notice of a proposed vacation of a Public Way. The COMPANY shall have a reasonable opportunity to purchase the vacated Public Way at fair market price. If the vacated Public Way is involved with the demolition resettlement of these major facilities, such as energy related public utility service, communication cables, transformer facilities and underground construction, the COMPANY shall pay for the reasonable resettlement fees in accordance with the provisions of a separate Demolition Agreement passed by CITY. Except where required for a CITY improvement project, the vacation of any Public Way, after the installation of NETWORK, shall not operate to deprive COMPANY of its rights to operate and maintain such NETWORK until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to COMPANY. In no case, however, shall CITY be liable to COMPANY for failure to specifically preserve the rights of way. COMPLIANCE WITH ENVIRONMENTAL REGULATION Environmental compliance shall be determined by the efficacy metric of five (5X) times more efficient than modes already approved to operate in a Public Way. Solar-powered networks 5X more efficient than existing modes are environmentally approved. Permits for such networks may be denied for any other reason stated in writing by the CITY. Both parties hereto agree that they shall take all feasible measures to ensure that the provisions of this Agreement shall be carried out with due regard to ecological and environmental factors and in compliance with all applicable government environmental regulations. The COMPANY will document to the CITY’s satisfaction that the NETWORKs exceed by 5 times (5X) the efficiency of transport modes currently operating in the Rights of Way measured in passenger-mile per unit of energy consumed. Environmental approvals are granted based on exceeding this 5X metric (Reference Section 7).

VACATION OF PUBLIC WAYS. The CITY shall give COMPANY at least six months prior written notice of a proposed vacation of a Public Way. The COMPANY shall have a reasonable opportunity to purchase the vacated Public Way at fair market price. If the vacated Public Way is involved with the demolition or resettlement of these major facilities, such as energy related public utility service, communication cables, transformer facilities and underground construction, the COMPANY shall pay for the reasonable resettlement fees in accordance with the provisions of a separate Demolition Agreement passed by CITY. Except where required for a CITY improvement project, the vacation of any Public Way, after the installation of NETWORK, shall not operate to deprive COMPANY of its rights to operate and maintain such NETWORK until the reasonable cost of relocating the same same, and the loss and expense resulting from such relocation relocation, are first paid to COMPANY. In no case, however, shall CITY be liable to COMPANY for failure to specifically preserve the rights of way. COMPLIANCE WITH ENVIRONMENTAL REGULATION Both parties hereto agree that they shall take all feasible measures to ensure that the provisions of this Agreement shall be carried out with due regard to ecological and environmental factors and in compliance with all applicable government environmental regulations. The COMPANY will document to the CITY’s satisfaction that the NETWORKs exceed NETWORK exceeds by 5 times (5X) the efficiency of transport modes currently operating in the Rights Public Way. Environmental approvals are granted based the NETWORK exceeding the efficiency of existing modes of transportation using the Public Way by 5 times as measured in passenger-mile per unit of energy consumed. Environmental approvals are granted based on exceeding this 5X metric consumed (Reference Section 7).