New Grades or Lines. If the grades or lines of any Street within the Franchise Area are lawfully changed at any time during the term of this Agreement, then the Company shall, upon at least ninety (90) days’ advance written notice from the Franchising Authority and at its own cost and expense, protect or promptly alter or relocate the Cable System, or any part thereof, so as to conform with the new grades or lines. If public funds are available to any Person using the Street for the purpose of defraying the cost of any of the foregoing work, the Franchising Authority shall make application for such funds on behalf of the Company. The Company shall be entitled to reimbursement of its costs should any other utility be so compensated as a result of a required protection, alteration, or relocation of its facilities. Notwithstanding the above, the Company shall not be liable for the cost of protecting, altering, or relocating facilities, aerial or underground, where such work is required to accommodate a streetscape, sidewalk, or private development project.
New Grades or Lines. If the grades or lines of any Inalienable Property within the Franchise Area are changed at any time during the Term in a manner affecting the Facilities, then the Company shall, at its own cost and expense and upon reasonable prior notice by the City, promptly protect or promptly alter or relocate the Facilities, or part thereof, so as to conform with such new grades or lines. In the event that, after such notice, the Company unreasonably refuses or neglects to so protect, alter or relocate all or part of the Facilities, the City shall have the right to break through, remove, alter or relocate such part of the Facilities without any liability to the Company, and the Company shall pay to the City the costs incurred in connection with such breaking through, removal, alteration or relocation. This provision shall not be construed to authorize the Company to relocate any Facilities, including without limitation Base Stations, to any other location on, over or under the Inalienable Property except to the extent otherwise permitted under this Agreement (see, for example, Section II.(B)(3) of Appendix A). If relocation to such other location on, over or under the Inalienable Property cannot be accomplished consistent with the provisions of this Agreement, then the Company may relocate such Facilities to a location on private property, subject to its reaching an agreement for such relocation with such private property owner.
New Grades or Lines. If the grades or lines of any Public Way within the Franchise Area are lawfully changed at any time during the term of this Franchise Agreement, then the Franchisee shall, upon reasonable advance written notice from the Franchise Authority (which shall not be less than thirty (30) business days) and at its own cost and expense, protect or promptly alter or relocate the Cable System, or any part thereof, so as to conform with any such new grades or lines. If public funds are available to any other user of the Public Way for the purpose of defraying the cost of any of the foregoing, the Franchise Authority shall notify Franchisee of such funding and make available such funds to the Franchisee within a reasonable timeframe. In the event that funds are not available, Franchisee reserves the right to pass its costs through to its Subscribers in accordance with applicable law.
New Grades or Lines. If the grades or lines of any Public Way within the Franchise Area are lawfully changed at any time during the term of this Franchise Agreement, then the Grantee shall, upon reasonable advance written notice from the Franchising Authority (which shall not be less than ten (10) business days) and at its own cost and expense, protect or promptly alter or relocate the Cable System, or any part thereof, so as to conform with any such new grades or lines. If public funds are available to any other user of the Public Way for the purpose of defraying the cost of any of the foregoing, the Franchising Authority shall notify Grantee of such funding and make available such funds to the Grantee.
New Grades or Lines. If the grades or lines of any Public Way within the Franchise Area are lawfully changed at any time during the term of this Franchise Agreement, then the Franchisee shall, upon reasonable advance written notice from the Franchising Authority (which shall not be less than ten (10) business days) and at its own cost and expense, protect or promptly alter or relocate the Cable System, or any part thereof, so as to conform with any such new grades or lines. If public funds are available to any other user of the Public Way for the purpose of defraying the cost of any of the foregoing, the Franchising Authority shall notify the Franchisee of the availability of such funding and make such funds available to the Franchisee. It is understood that there is no guarantee by the Franchising Authority that any public funds will be available to help defray the cost of altering or relocating the Cable System to conform to new grades or lines.
New Grades or Lines. If the grades or lines of any Right-of-Way within the Franchise Area are changed at any time during the Term in a manner affecting the System, then Company shall, at its own cost and expense and upon reasonable notice by City, promptly protect or promptly alter or relocate System, or part thereof, so as to conform with such new grades or lines. In the event that Company unreasonably refuses or neglects to so protect, alter or relocate all or part of the System, City shall have the right to break through, remove, alter or relocate such part of System without any liability to Company, and Company shall pay to City the costs incurred in connection with such breaking through, removal, alteration or relocation.
New Grades or Lines. If the grades or lines of any Public Way within the Franchise Area are lawfully changed at any time during the term of this Franchise Agreement, then the Grantee shall, upon reasonable advance written notice from the Franchising Authority (which shall not be less than thirty
New Grades or Lines. If the grades or lines of any PROW within the Franchise Area are changed at any time during the term of this Agreement, then the Company shall, at its own cost and expense and within ten (10) days from actual or constructive notice from the District, or such longer time period as may be specified by the District, protect, alter or relocate the System, or any part thereof, so as to conform with such new grades or lines. In the event that the Company refuses or neglects to so protect, alter or relocate all or part of the System within the time period specified by or pursuant to this Section 5.4, the District shall have the right to break through, remove, alter or relocate all or any part of the System without any Liability of the District to the Company, and the Company shall pay to the District the costs incurred in connection with such breaking through, removal, alteration or relocation. In the event that the District reimburses costs for other occupants of the PROW which this Section 5.4 imposes on the Company, it will not be a breach of this Agreement for the Company to request that the District bear some or all of the Company’s costs.
New Grades or Lines. If the grades or lines of any Public Way within the Franchise Area are lawfully changed at any time during the term of this Franchise Agreement, then the Grantee shall, upon reasonable advance written notice from the Franchising Authority (which shall not be less than ten (10) business days) and at its own cost and expense, protect or promptly alter or relocate the Cable System, or any part thereof, so as to conform with any such new grades or lines. In the event that Franchise Authority requests relocation efforts to relocate above ground facilities from Grantee solely for aesthetic reasons, then Franchise Authority agrees to pay all costs associated with relocation. If public funds are available to any other user of the Public Way for the purpose of defraying the cost of any of the foregoing, the Franchising Authority shall notify Grantee of such funding and make available such funds to the Grantee.
New Grades or Lines. If the grades or lines of any Public Way within the Franchise Area are lawfully changed at any time during the term of this Franchise Agreement, then the Grantee shall, upon reasonable advance written notice from the Franchising Authority (which shall not be less than thirty (30) business days) and at its own cost and expense, protect or promptly alter or relocate the Cable System, or any part thereof, so as to conform with any such new grades or lines. Grantee shall be entitled to reimbursement of its relocation and construction costs from public or private funds raised for the project and made available to other users of the Public Way. In the event that public and/or private funds are not made available as described herein, Grantee reserves the right to pass its costs through to its Subscribers in accordance with applicable law.
