Facility Relocation Sample Clauses

Facility Relocation. The Parties agree to work cooperatively and in good faith in the event that CenturyLink is required to undertake a relocation of its facilities that include **CLEC’s subloop arrangement(s). CenturyLink shall notify **CLEC of pending relocation as soon as reasonably possible after CenturyLink receives such notice from the property owner or governmental entity that CenturyLink must relocate its ILEC facilities. Notice shall be provided in accordance with the notice provisions in Article III of this Agreement. CenturyLink’s notice shall specify a date, reasonable under the circumstances of the pending relocation, by which **CLEC must inform CenturyLink of its intention to remain, or not remain, in an access arrangement for subloop(s) following the relocation. If CenturyLink receives no response to such notice by the date specified in CenturyLink’s notice, **CLEC shall be deemed to have determined not to remain, **CLEC’s facilities will be removed, and **CLEC will be billed and required to pay as provided in Section 81.8.1 below. 81.8.1. If **CLEC notifies CenturyLink that it intends to remain in a subloop arrangement following relocation, CenturyLink shall then provide **CLEC a written estimate of the reasonable cost to terminate **CLEC’s facilities as part of the relocation of the site. The estimate shall be provided to **CLEC within thirty (30) Business Days after such notification is provided by **CLEC. **CLEC then shall notify CenturyLink of acceptance or rejection of the new subloop access arrangement within ten (10) Business Days of its receipt of CenturyLink’s estimate. Upon notification of its acceptance of the CenturyLink relocation estimate, **CLEC shall pay at least 50% of the relocation costs. 81.8.2. If **CLEC decides not to continue in a subloop access arrangement following relocation, **CLEC will notify CenturyLink as to the date that CenturyLink may remove **CLEC’s facilities from the arrangement that CenturyLink is required to relocate. **CLEC will pay CenturyLink for all actual costs incurred by CenturyLink associated with the removal of **CLEC’s facilities.

Facility Relocation. The Parties shall use the Change Control Procedures to add, change or delete Facilities (each, a “Facility Relocation”), provided, however, that Customer may withhold its consent, in its sole discretion, (i) to any Facility Relocation involving a Data Center (or any physical assets within the Data Center or any Services provided via operation of those physical assets); (ii) as set forth in paragraph (e) above with respect to storage or Processing of Personally Identifiable Information. In connection with any proposed Facility Relocation or Service Relocation, Provider shall address in writing to Customer the impact of any such move on Customer (including cost and timing of any such move and any potential impact of such move on the Disaster Recovery Services).

Facility Relocation. Carrier shall be given an opportunity to relocate its facility within WisDOT right-of-way if a highway project or other WisDOT-approved use conflicts with its location. In keeping with WisDOT’s policy on compensable and non-compensable utility facility moves, WisDOT shall not compensate Carrier to move its facility located within the right-of-way as part of a highway project. If it is necessary to maintain uninterrupted service, Carrier shall be allowed to temporarily locate to another area of WisDOT right-of-way at a mutually acceptable location for up to 180 days during the relocation of its facilities to another permanent site

Facility Relocation. If a highway project or other MDT use conflicts with the placement of the Facility Owner’s Eligible Project installed under this Non-Exclusive Lease, any relocation of the Eligible Project occupying MDT’s Interstate right-of-way is subject to relocation and cost requirements set forth in Mont. Code ▇▇▇. §60-4- 403.

Facility Relocation. Should Customer request Company to relocate any of its facilities, or take any action which will require Company to relocate its facilities, Customer shall reimburse Company for the costs incurred. Hold Harmless: Company and Customer do respectively assume full responsibility for the maintenance and operation of the facilities owned and/or operated by each, and each shall indemnify and except as hereafter limited, shall hold the other harmless from any loss resulting from bodily injury (including death) or damage of property arising directly or indirectly out of any negligent or willful act or failure to act on the indemnitor's part in the installation, maintenance, operation, replacement and/or removal of the facilitiesowned and operated by each. Neither party shall be liable to the other in any event, whether in contract, tort or otherwise, for any loss of revenue, profits, use of production, costs of capital or purchased or replacement power, interest, business interruption, claims of customers or any other incidental, indirect or consequential damages of any nature whatsoever. Customer(s) acknowledge(s) the presence of overhead and/or underground power lines and understands that contact with them could cause serious injury or death. South Carolina Public Service C ommission: T his Contract, the Billing Rate referenced on Page 1, and all services rendered hereunder, are subject to the Company's "General Terms and Conditions" as approved by the Commission, and to the "Rules and Regulations" of the Commission, as the foregoing now exist or may be amended in the manner prescribed by law. The billing Rate and General Terms and Conditions are attached and made a part hereof; Rules and Regulations are made a part by reference and are available upon request. This contract is specifically intended to survive deregulation or retail access. Approval Initials _ _-/ '_J_ For Customer For Company Page 4 of 4 South Carolina Electric & Gas ConEoany

Facility Relocation. 9.1 The County shall promptly remove, relocate or adjust any facilities located in private easement or in right-of-way if facilities pre-dated the existence of the right-of-way, as directed by the City, for a public improvement, at City expense, by moving such facilities to areas within the expanded right-of-way or within remaining private easements or remaining portions of such easements not condemned by nor disclaimed to the City to avoid conflict with City construction and improvements. The County shall disclaim those parts of its easements which lie within the expanded right-of-way. Should the City, in the future, elect to require the County to again relocate its facilities to other areas within the expanded right-of-way, the cost of any such future relocation shall be borne by the City. 9.2 Unless the County facilities predate the existence of the right-of-way, the County shall promptly remove, relocate or adjust any facilities located in the right-of-way as directed by the City for a public improvement or when reasonably required by the City by reason of public safety. Such removal, relocation, or adjustment shall be performed by the County and the cost of the same shall be allocated as follows: 9.2.1 For any CARS funded project, the City and the County shall share 50-50% in the cost of relocation of County facilities, including the cost of design. 9.2.2 For any SMAC funded project, the City and the County shall share 25% (City) -75% (County) in the cost of relocation of County facilities. 9.2.3 When relocation is necessary for non-SMAC and non-CARS funded projects being constructed on property annexed by the City after 1995, as well as property annexed in the future, the City and the County will share the cost of the relocation of County facilities on a 50-50% basis. 9.2.4 For projects constructed on pre-1996 annexed property that does not utilize CARS and SMAC funding, the County will pay 100% of the cost of relocation of its facilities. A flow chart graphically depicting the allocations set forth above, is attached hereto, as Exhibit A, and is incorporated herein by reference. Relocations shall be specifically subject to rules, regulations and schedules of the City. The County shall proceed with relocations with due diligence upon notice from the City. 9.3 The parties acknowledge that prior to entering into this Agreement, the City routinely included in the project the relocation of County facilities whenever undertaking a public improvement. In t...

Facility Relocation. The Parties shall use the Change Control Procedures to add, change or delete Facilities (each, a “Facility Relocation”), provided, however, that Customer may withhold CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. its consent, in its sole discretion, (i) to any Facility Relocation involving a Data Center (or any physical assets within the Data Center or any Services provided via operation of those physical assets); (ii) as set forth in paragraph (e) above with respect to storage or Processing of Personally Identifiable Information. In connection with any proposed Facility Relocation or Service Relocation, Provider shall address in writing to Customer the impact of any such move on Customer (including cost and timing of any such move and any potential impact of such move on the Disaster Recovery Services).

Facility Relocation. The Contractor shall provide all engineering services, logistic support, management, labor, equipment, transportation, and material necessary to provide facility relocation engineering services under this contract. General contract requirements to be accomplished are as follows:

Facility Relocation. 7.4.1 In connection with the relocation and combining of PC's locations at 9707 Medical Center Drive, Suit▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇ite 5▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, Maryland 20877 (the "Relocation"), Management Company agrees to provide up to $1.5 million in financing to assist with the build-out and equipping of the new Facility with necessary leasehold improvements and permanent fixtures; 50% of the amount provided will bear interest at the Prime Rate of First Union National Bank and 50% will be interest free. Any amounts provided in excess of $1.5 million will bear interest at the Prime Rate of First Union National Bank. In connection with the amount of the financing which will be provided on an interest-bearing basis, Management Company will deduct from such obligation, the build-out allowance provided directly or by credit by the landlord of the new Facility. For example, if the costs for the leasehold improvements and equipment costs $1.4 million and the landlord allowance is $375,000, Management Company will provide PC with $700,000 on an interest-free basis and $325,000 on an interest-bearing basis. PC will receive the full benefit of the landlord allowance. 7.4.2 All Cost of Services involving leasehold improvements & equipment write offs relative to the Relocation shall be excluded Cost of Services under Section 7.1.4 in determining the Additional Management Fee to which Management Company is entitled.