Overbuild Sample Clauses

Overbuild. Except as described on Section 3.21 of the Seller Disclosure Schedule, to the knowledge of Seller there is no existing or planned overbuild in the Territory or of any franchise or license to operate a cable television system within any portion of the Territory which has been issued to a Person other than Seller or Home Link.
Sample 1
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Overbuild. It is understood and agreed that in the process of converting Coated Microfilm Products into Converted Microfilm Products in accordance with Firm Orders received by Anacomp, and commencing on July 1, 1997, during Phase I and Phase II, SKC shall continue Anacomp's practice prior to the Effective Date of producing and delivering to Anacomp's MX division Overbuild for which no orders are outstanding to the extent required to convert in the most efficient way. Anacomp agrees to accept such Overbuild, which shall be invoiced in the same manner and at the same price as Converted Microfilm Products hereunder for which Firm Orders are in place and to use its best efforts to market such Overbuild in the same manner as prior to the Effective Date; provided, however, that Anacomp will not be obligated to accept more than 600,000 square feet of Overbuild in any calendar month (net of any returns of Overbuild accepted by SKC in such month). SKC shall accept returns of Overbuild in the manner described in Exhibit F-6, and shall issue a credit to Anacomp in the amount of the full purchase price thereof. Commencing on the Effective Date and ending on July 1, 1997, all such Overbuild accepted by Anacomp pursuant to this Agreement shall be fully credited toward Anacomp's Microfilm Products Minimum Quantity Purchase Obligation.
Sample 1
Overbuild. To the best of Sellers' knowledge, except as set forth on Schedule 3.20, no person or entity other than the Acquired Company (i) has been granted or has applied in writing to the appropriate governmental authority for a Franchise or governmental authorization for the installation, construction, development, ownership or operation of a cable television or Internet system within any of municipalities or geographical area served by the TV and Internet Systems, or (ii) has commenced or, to the best of Sellers' knowledge, has received, or applied for, a government authorization for the construction, installation or operation of a cable television or Internet system which has resulted, or will or would result, in such system being overbuilt with the TV and Internet Systems.
Sample 1
Overbuild. As of the date hereof, to Seller's knowledge, there is (i) no franchise issued or other application therefor pending with franchising authorities which relate to the operation of a CATV system within the Region by a party other than Seller, (ii) no party providing CATV service within the Region under a franchise granted by any local franchising authority and (iii) no party providing CATV service within the Region who has not obtained a franchise which permits the construction, operation and maintenance of a CATV system within the Region or any part thereof. To Seller's knowledge, within the past five years no operator of a CATV system has built, updated or otherwise constructed or operated any part of any CATV system within the area of the Region served by the CATV System operated by Seller.
Sample 1

Related to Overbuild

  • Overbuilds Sprint will not provide non-discriminatory access to FTTH Loop or FTTC Loop on an unbundled basis when Sprint has deployed a FTTH Loop or FTTC Loop parallel to, or in replacement of, an existing loop facility, except that:

  • Workloads (a) The parties agree that patient care is enhanced if concerns relating to professional practice, patient acuity, fluctuating Work-Loads and fluctuating staffing are resolved in a timely and effective manner.

  • Service Areas The MCP agrees to provide services to Aged, Blind or Disabled (ABD) members, Modified Adjusted Gross Income (MAGI) members, and Adult Extension members residing in the following service area(s): Central/Southeast Region ☒ Northeast Region ☒ West Region ☒ The ABD and MAGI categories of assistance are described in OAC rule 5160-26-02. The Adult Extension category is defined in Ohio’s Medicaid State Plan as authorized by the Centers for Medicare and Medicaid Services (CMS). The MCP shall serve all counties in any region they agree to serve.

  • Pipelines Developer shall have no interest in the pipeline gathering system, which gathering system shall remain the sole property of Operator or its Affiliates and shall be maintained at their sole cost and expense.

  • Alpine Areas The employer shall pay an Alpine disability allowance of $2.50 per hour worked on projects in alpine areas.

  • The Site The site of the Project Highway (the “Site”) shall comprise the site described in Schedule-A in respect of which the Right of Way shall be provided by the Authority to the Contractor. The Authority shall be responsible for:

  • Parking Areas Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Premises and Tenant shall install at least one sign in the parking areas so advising its employees, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded or parked in areas other than those designated by Landlord for such activities. Tenant agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the right, without further notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or any of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant Parties"). Tenant shall repair or cause to be repaired, at Tenant's sole cost and expense, any and all damage, ordinary wear and tear excepted, to any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Property. Landlord shall not be liable to Tenant by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable by Tenant as set forth in Paragraph 4.1; as of the Commencement Date, Landlord represents there are no such charges or surcharges imposed on the Premises.

  • Power System Stabilizers The Developer shall procure, install, maintain and operate Power System Stabilizers in accordance with the requirements identified in the Interconnection Studies conducted for Developer’s Large Generating Facility. NYISO and Connecting Transmission Owner reserve the right to reasonably establish minimum acceptable settings for any installed Power System Stabilizers, subject to the design and operating limitations of the Large Generating Facility. If the Large Generating Facility’s Power System Stabilizers are removed from service or not capable of automatic operation, the Developer shall immediately notify the Connecting Transmission Owner and NYISO. The requirements of this paragraph shall not apply to wind generators.

  • Network Interconnection Architecture Each Party will plan, design, construct and maintain the facilities within their respective systems as are necessary and proper for the provision of traffic covered by this Agreement. These facilities include but are not limited to, a sufficient number of trunks to the point of interconnection with the tandem company, and sufficient interoffice and interexchange facilities and trunks between its own central offices to adequately handle traffic between all central offices within the service areas at P.01 grade of service or better. The provisioning and engineering of such services and facilities will comply with generally accepted industry methods and practices, and will observe the rules and regulations of the lawfully established tariffs applicable to the services provided.

  • Porcupine Site Highway 11

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