Performance and Cooperation a. Customer acknowledges and agrees that Georgia Power may use its own employees or may contract with one or more independent contractors to perform Georgia Power’s Services. Customer hereby grants to Georgia Power and its contractors, agents, and representatives the right and license to enter the Premises at any time to perform any activity related to Georgia Power’s Services, including the right to access the Premises with vehicles, equipment, or other tools, and to access Premises electrical systems, and to survey, dig, or excavate, in order to: (a) install and connect equipment or provide service; (b) inspect, maintain, test, replace, repair, disconnect, or remove equipment; (c) install additional equipment or devices on the ET Infrastructure; or (d) conduct any other activity reasonably related to Georgia Power’s Services or the ET Infrastructure. Customer represents or warrants that it has the right to permit Georgia Power to provide Georgia Power’s Services including, if applicable, express written authority from all Premises owners, and any other person or entity with rights in the Premises, to enter into this Agreement. Each of the the Parties agrees to use its best efforts to coordinate and cooperate in connection with all activities under this Agreement. If Customer does not grant Georgia Power reasonable access to the Premises, then Georgia Power may deenergize the ET Infrastructure until access is granted. Georgia Power will work closely with Customer to minimize unreasonable interference with Customer’s operations at the Premises.
Performance and Cooperation. Xxxxxx will cooperate fully with the Company in connection with any and all existing or future depositions, hearings, trials and/or litigations, adversary proceedings or investigations brought by or against the Company or any of the Related Entities or any of their respective agents, officers, directors or employees, whether administrative, civil or criminal in nature, in which and to the extent Xxxxxx’x cooperation is reasonably deemed necessary by the Company. In the event that Xxxxxx is subpoenaed or otherwise contacted in any way related to the Company or any of the Related Entities, Xxxxxx will immediately notify the Company and shall give the Company an opportunity to respond to such notice before taking any action or making any decision in connection with such subpoena or other contact (it being understood and agreed to by the Company that any such response shall be prompt). Notwithstanding the foregoing, Xxxxxx shall have no obligation to notify the Company under the immediately preceding sentence in any case in which Xxxxxx is advised in writing by legal counsel that taking such action would violate applicable law. The Company will reimburse Xxxxxx for reasonable out-of-pocket expenses, including reasonable attorneys’ fees, incurred as a result of such cooperation. On the Effective Date, Xxxxxx will surrender to the Company all physical property of the Company presently in his possession, including keys, keycards and credit cards.
Performance and Cooperation
