Permission to Encroach. The Town hereby grants the Applicant non-exclusive, revocable permission (subject to applicable law) to encroach over Public Streets located at Bishops Gate Subdivision or on Town Property located at Westhigh Street , for the purpose of construction and/or erection and maintenance of 1/0 UG Primary Distribution cables_, as more particularly described in the attached plan (“Facilities”) attached hereto as Exhibit A and incorporated herein by reference, subject to the lawfully imposed terms and conditions set forth in Town of Xxxx Code of Ordinances Chapter 28, Article VI (the “Code Conditions”) and those stated below (the “Permission”). The installation, operation, and maintenance of the Facilities are sometimes referred to herein as “the Work.” Applicant understands and agrees that, notwithstanding any language in this Agreement to the contrary, Town grants Permission only to the extent authorized by law and the terms of the conveyance of the right-of-way, fee, easement, or other property interest to Town in the Public Streets or Town Property. Applicant shall be solely responsible for obtaining for itself all easements, licenses and property rights, and in complying with any state or federal regulatory requirements as may be necessary for the Work. Nothing in this Agreement shall constitute or create an assignment to Applicant by Town of any easement or license held by Town or of any rights under any easement or license held by Town. Nothing herein contained shall be construed to confer on Applicant an exclusive right to encroach on Town Easement or confer any rights to any third party not specifically identified herein by name.
Permission to Encroach. Upon the approval of specific construction plans by the Town, the Town hereby grants the Grantee permission to encroach at the locations described in construction plans in accordance with this Agreement. Encroachments are for the purpose of constructing and/or erecting, installing, maintaining, operating and if necessary removing an FTTP Network and related facilities. The FTTP Network may consist of aerial or underground fiber optic cables, lines, or strands; underground conduits, vaults, access manholes and handholes; electronic equipment; power generators; batteries; pedestals; boxes; cabinets; huts; and other similar facilities (hereinafter “Network Facilities”). A general route and proposed design of Grantee’s FTTP Network is attached as Exhibit A. Grantee understands and agrees that, notwithstanding any language in this Agreement to the contrary, the Town grants permission only to the extent authorized by law and the terms of the conveyance of the right-of-way, fee, easement, or other property interest to the Town in the ROW or public street. Nothing in this Agreement shall constitute or create an assignment to Grantee by the Town of any easement or license held by the Town or of any rights under any easement or license held by the Town. Nothing herein contained shall be construed to confer on Grantee an exclusive right to encroach on ROW or public streets or confer any rights to any third party. This Agreement also does not grant usage of Town poles or conduits by the Grantee. Construction plans that are approved by the Town and show an encroachment shall be added as exhibits to this Agreement and shall be governed by the terms and conditions of this Agreement. Each such approved plan shall have a sequential Exhibit number included on the plan. All such construction plans that show an encroachment shall reference this Agreement and provide that any such installation, operation, or maintenance shall be governed by and incorporated into this Agreement.
Permission to Encroach. The City hereby grants to the Property Owner permission to encroach upon land shown on the sketch attached identified as Appendix “I” to this Agreement showing the location of the workshop, concrete block retaining wall, fencing and landscape features along the side of the Property Owner’s Property (the “Encroachment Area”) in the City for the sole purpose of maintaining the workshop, concrete block retaining wall, fencing and landscape features.
Permission to Encroach. The Town hereby grants the Applicant non-exclusive, revocable permission to encroach over Public Streets or Town Easement located at , for the purpose of construction and/or erection and maintenance of Facilities, as more particularly described in the attached plan, attached hereto as Exhibit A and incorporated herein by reference, subject to the lawfully imposed terms and conditions set forth in Town of Xxxx Code of Ordinances, Chapter 28, Article VI (the “Code Conditions”) and those stated below (the “Permission”). The installation, operation and maintenance of the Facilities are sometimes referred to herein as the “Work.” Applicant understands and agrees that, notwithstanding any language in this Agreement to the contrary, Town grants Permission only to the extent authorized by law and the terms of the conveyance of the right-of-way, easement, or other property interest to Town. Nothing in this Agreement shall constitute or create an assignment to Applicant by Town of any easement or license held by Town or of any rights under any easement or license held by Town. Nothing herein contained shall be construed to confer on Applicant an exclusive right to encroach on Town Easement or Public Streets or confer any rights to any third party not specifically identified herein by name. If the Town Manager or designee determines that suspension of this Agreement is warranted to protect the public health or safety, Town may suspend this Agreement, in whole or in part, immediately upon notice to Applicant and for such length of time as deemed necessary by the Town to protect the public health or safety.
