USE OF PUBLIC RIGHT-OF-WAY a. Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions of this Contract Franchise, IdeaTek shall have the right to construct, maintain and operate its Facilities along, across, upon and under the public right-of-way. Such Facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities.
USE OF PUBLIC RIGHT-OF-WAY. Developer shall coordinate with City to use the public rights of way adjacent to Santa Xxxxxx Place on Colorado Avenue and 4th Street during construction of the Project in a manner that does not unreasonably interfere with the City’s installation of the Esplanade on Colorado Avenue.
USE OF PUBLIC RIGHT-OF-WAY a. Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions of this Contract Franchise, Grantee shall have the right to construct, maintain and operate its Facilities along, across, upon and under the Public Right-of-Way. Such Facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities.
USE OF PUBLIC RIGHT-OF-WAY. It is agreed by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, patterned concrete, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands.
USE OF PUBLIC RIGHT-OF-WAY a. No Burden on Public Right-of-Way. Company, its contractors, subcontractors, and the Small Wireless Facilities shall not unduly burden or interfere with the present or future use of any of the ROW. The Small Wireless Facilities shall be installed and maintained so as to not endanger or injure persons or property in or about the ROW. If Township reasonably determines that any portion of the Small Wireless Facilities constitutes an undue burden or interference, due to changed circumstances, Company, at its sole expense, shall modify the Small Wireless Facilities or take such other actions as Township may determine is in the public interest to remove or alleviate the burden, and Company shall do so within a reasonable time period. Township shall attempt to require all occupants of a pole or conduit whose facilities are a burden to remove or alleviate the burden concurrently.
USE OF PUBLIC RIGHT-OF-WAY. Before commencing any work within a Public Right-of-Way, Licensee shall apply for and obtain a street opening permit if required under City ordinances. Licensee and its authorized contractors shall give City reasonable notice of the dates, location, and nature of all work to be performed on its communications equipment within the public rights‐of‐way. This Agreement shall allow Licensee to perform all work on Licensee’s communications equipment within the Public Rights-of- Way, and to park vehicles in the streets and other public rights‐of‐way when necessary for the installation, replacement, abandonment, operation or maintenance of Licensee’s communications equipment, subject to approval by City for any full or partial street closures. Following completion of work in the Public Rights- of-Way, Licensee shall repair any affected public rights‐of‐way as soon as possible, but no later than the timeframe established in the applicable Site License. No street, alley, highway, or public place shall be encumbered for a longer period than shall be reasonably necessary to execute the work authorized by the applicable Site License and this Agreement. Any damages to the Public Right-of-Way or other City-owned property caused by Licensee’s installation or operations shall be repaired or replaced at Licensee’s sole cost and to City’s reasonable satisfaction.
USE OF PUBLIC RIGHT-OF-WAY a. Subject to the provisions of this Agreement, Licensee shall have the right to construct, maintain and operate its Facilities along, across, upon and under the Public Right-of- Way. Such Facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities.
USE OF PUBLIC RIGHT-OF-WAY. No Burden on Public Right-of-Way. Company, its contractors, subcontractors, and the Small Cell Wireless Facilities shall not unduly burden or interfere with the present or future use of any of the Public Right-of-Way. If Municipality reasonably determines that any portion of the Small Cell Wireless Facilities constitutes an unsafe burden or interference to Municipality, due to changed circumstances that impact usual travel or public safety on the Public Right-of-Way or obstruct the legal use of the Municipality’s Public Right-of-Way, Company, at its sole expense, shall modify the Small Cell Wireless Facilities or take such other actions as Municipality may determine in good faith is in the public safety interest to remove or alleviate the burden, and Company shall do so within a reasonable time period. Municipality shall attempt to require all occupants of a pole or conduit whose facilities are a burden to remove or alleviate the burden concurrently.
USE OF PUBLIC RIGHT-OF-WAY
