Fiber Optic Facilities definition
Examples of Fiber Optic Facilities in a sentence
The size, form, color, text, location, and spacing of such signs shall be subject to advance review by BNSF, and such signs shall be in conformance with standard industry practices and shall be considered part of the Fiber Optic Facilities.
Each Lease shall permit Pathnet to Construct and Operate Fiber Optic Facilities on the specific Rail Corridor premises to which each Lease applies, subject to the procedures and terms of each Lease.
Pathnet understands that various activities of BNSF, or parties with rights through BNSF, could have the potential of interrupting service provided by Pathnet's Fiber Optic Facilities.
Pathnet, in exercising any and all rights under this Lease, shall comply with all applicable laws, regulations, ordinance, rules, decisions and orders ("Laws") applicable to Pathnet and/or the Fiber Optic Facilities, or resulting from the exercise of Pathnet's rights, and shall have the sole responsibility for all costs and risks associated with such compliance.
As used herein, "Routine Maintenance and Operation" shall mean maintenance and operation by Pathnet and/or a Pathnet Party of the Fiber Optic Facilities that does not require any: (i) excavation of soil that could alter or disturb, or threaten the support of, or ability to use, any Rail Facility; (ii) use of heavy machinery within 50 feet of any railroad track; or (iii) an activity or presence which results in a Fouled railroad track.
SUNESYS covenants that the segments of the Fiber Optic Facilities along the Route that it constructs pursuant hereto shall be constructed substantially and in all material respects in accordance with standard outside plant specifications.
Pathnet's interest in the personal property, improvements, and facilities comprising the Fiber Optic Facilities shall be valued separately from BNSF's ownership interest in the Fiber Optic Facilities and the Premises, and BNSF and Pathnet shall seek to have any condemnation award, or sale in lieu of condemnation, apportioned between Pathnet and BNSF based on the relative value of their specific ownership interests in the Fiber Optic Facilities and the Premises.
Damages that may be recovered for breach of this Agreement shall not include any indirect, consequential, special or punitive damages, or lost profits, or the cost of Pathnet building Fiber Optic Facilities on any alternative route.
All construction plans, drawings and specifications, including, without limitation, all proposed Construction Drawings, Final Construction drawings and as-built plans and all information about the location of the Fiber Optic Facilities, will constitute confidential information.
Pathnet, at its sole cost, shall secure and maintain in effect all federal, state and local permits licenses and/or zoning approvals required to Construct and Operate the Fiber Optic Facilities, and shall satisfy any and all conditions that must be met in order to obtain any required permit, license or zoning approval.