Underlying Rights. In the event of any changes in underlying Rights of Way, rights to use fiber optic cable and/or equipment or Authority Facilities, resulting in Authority's loss of rights which it deems necessary to provide the License hereunder, Authority may in its sole discretion terminate this Agreement. Termination for Underlying Rights will constitute a Conditional Release.
Underlying Rights. CTMG shall have all rights in and to all literary, dramatic, musical and other material provided by Machinima in connection with the Programs that are necessary for CTMG's exercise of its rights in and to the Programs as set forth herein. Except for Picture-related materials furnished by CTMG to Machinima hereunder, all other content included in the Programs is and shall at all times be either (i) original content created by Machinima (and/or any of Machinima’s Authorized Personnel) in accordance with this Agreement (“Original Machinima Content”), or (ii) Third Party Licensed Materials for which Machinima has obtained Third Party Licenses as required hereunder and with respect to which Machinima has granted Machinima Licenses in accordance with this Agreement.
Underlying Rights. 27 4.5 Routing............................................................31 4.6 No Optronics.......................................................31 4.7 [Deleted]..........................................................31 4.8 Documentation......................................................31 4.9 Environmental......................................................31 4.10 Liens..............................................................32 4.11
Underlying Rights. (a) Subject to the terms and provisions of this Agreement, 360 agrees to obtain and maintain in full force and effect without ongoing defaults on the part of 360 during the Term, certain rights of way and other agreements that are necessary (i) for the construction and installation of the System in accordance with this Agreement and (ii) to provide Customer the Customer Assets in accordance with this Agreement (the "Underlying Rights"). Notwithstanding the foregoing, Customer Assets are subject to the terms of the Underlying Rights, and subject to the terms under which the right of way is owned or held by the grantor of the Underlying Rights, including, but not limited to, covenants, conditions, restrictions, easements, reversionary and other interests, bonds, mortgages and indentures, and other matters, whether or not of record, and to the rights of tenants and licensees in possession. The Customer Assets are further subject and subordinate to the prior right of the grantor of the Underlying Rights to use the right of way for other activities, including railroad operations, telecommunications uses, pipeline operations or any other purposes, and to the prior right of 360 to use its rights granted under the Underlying Rights. The rights granted herein are expressly made subject to each and every limitation, restriction or reservation affecting the Underlying Rights. Nothing contained herein shall be construed to be a representation, warranty or covenant of 360's right, title or interest with respect to the right of way or the Underlying Rights. In the event Customer desires to renew this Agreement, 360 shall be obligated to renew any Underlying Right on the expiration of its term (if any right to renew exists) in order to accommodate such Renewal, unless Customer otherwise notifies 360 in writing that it does not desire the Underlying Right renewed. In the event that any renewal or other extension of the term of an Underlying Right requires the payment of additional fees to the provider of the Underlying Right, Customer shall reimburse 360 for Customer's equitable share of the same, which share shall be based upon the proportion that the number of Strands in the Customer Fiber Assets in such Segment bear to the total number of Strands in such Segment (excluding any Strands in respect of which a renewal is not required or desired). In the event 360 does not have any right to renew an Underlying Right, or such Underlying Right is otherwise not extended, 360 s...
Underlying Rights. 11.1. At certain Service Locations VOC may have obtained certain rights of way of construction and operation of it Services on the Service Location (the “Underlying Rights”). The Services acquired by the Channel Partner for purposes of its Customers shall be subject to the Underlying Rights, including but not limited to conditions, restrictions and to the rights of tenants/individual residents on the Service Location. All Services under any Contract Document are further subject to the Underlying Rights. The rights granted herein are expressly made subject to each and every limitation, restriction or reservation in terms of the Underlying Rights. Nothing herein shall be construed as to be a representation or warranty of VOC’s right, title or interest with respect to the rights of way or the Underlying Rights, or the scope, nature or duration of any of the foregoing.
Underlying Rights. (a) Provider has obtained standard utility facility construction permits along the System Route as a certificated utility in the states in which the System Route is located and such permits constitute the Underlying Rights. Recipient has been provided access to all previously issued construction permits and will be provided copies of all subsequently issued construction permits. Recipient has been provided contact names at all permitting agencies issuing such permits. Provider expressly disclaims any representations and warranties as to the Underlying Rights other than as evidenced in such permits. Provider shall cooperate with Recipient in transferring to Recipient all Underlying Rights with respect to the Recipient Conduit, to the extent permitted under applicable law.
Underlying Rights. Certain of the Elected Contracts grant GCOR licenses (or sublicenses as the case may be) in and to GCOR Licensed Patent Rights, and in some instances Licensed Know How Rights and the rights in GCOR Biological Material. Accordingly, the transfer and assignment to INNX of the Elected Contracts shall include the transfer of the underlying license or sublicense in and to the GCOR Licensed Patent Rights and/or Licensed Know-How Rights and/or the rights in GCOR Biological Material. Upon request by INNX, GCOR will provide any patent files in its possession relating to the GCOR Licensed Patent Rights.
Underlying Rights. To the best of Ledcor's knowledge, pursuant to the Build Agreements (described in Exhibit 3 attached hereto), one or more of fONOROLA Telecommunications, Limited Partnership, fONOROLA Fiber Development Inc. and Ledcor have secured or are proceeding to secure from the owners of all lands and properties through which the Purchased Strands pass sufficient easements, licenses, rights of way or similar permission (collectively "Underlying Rights") to assure peaceable occupation, quiet possession and use, subject to the terms of and compliance with the Assumed Contracts and all related primary licensing documents and laws, of the Purchased Strands and the proportionate undivided interest in the Support Structures to which the owner of the Purchased Strands is entitled, free of any material adverse claims of such owners or those claiming through them;
Underlying Rights. 4.1 The Underlying Rights for the Southern Route will be provided pursuant to the PNM Agreement. Tri-State will provide the Underlying Rights for the Northern Route pursuant to this Agreement and to the extent permitted by the Underlying Rights that have been provided to Pathnet for its review prior to [* * *], hereby grants to each Party an easement for the term of this Agreement to use and access the Tri-State right of way to the extent necessary or appropriate to permit such Party to exercise its rights and perform its obligations hereunder. Pathnet will be responsible for obtaining any and all other Underlying Rights required to install, maintain and operate the System, provided that the Parties will use reasonable efforts to cooperate with Pathnet in obtaining any additional underlying rights. Prior to [* * *], Tri-State will disclose to Pathnet any Underlying Rights Requirements of which it is aware that would materially interfere with the construction and operation of the System on the Northern Route. Tri-State will use its best efforts to obtain Perfection Rights for at least the term of the Agreement, and will not agree to any Perfection Rights for less than the term of the Agreement without the prior written consent of Pathnet. If Tri-State is unable to obtain Perfection Rights for the full term of the Agreement on any portion of the right of way, then Tri-State and Pathnet will convene to discuss the best way to proceed. Provided that Tri-State follows the procedures set forth in this Section 4.1, Tri-State will not be in breach of this Agreement for any failure to obtain Perfection Rights for the full term of this Agreement.
Underlying Rights. CONSULTANT has obtained or otherwise holds certain rights of way for construction and operation of the System on the Institutional Network Route some of which may pre-date both the date of this Agreement and the date of the Local Franchise. CONSULTANT covenants to CITY that CONSULTANT currently has sufficient underlying rights to satisfy all of its obligations to CITY under this Agreement.
