Common use of COURT ACTION Clause in Contracts

COURT ACTION. In the event the Licensee brings a court action challenging any forfeiture declaration or termination of this Telecommunications License by the City ("Forfeiture Action"), the City agrees that it will stay execution of the Forfeiture Action pending any court action by Licensee challenging the Forfeiture Action and a final court order on such challenge ("Final Court Order"). A Final Court Order as described in this paragraph is a court order that adjudicates the substantive issues in the court action brought and that is no longer subject to appeal in the respective state or federal judicial system in which the court action was brought. If the Final Court Order upholds the Forfeiture Action and Licensee fails to cure any and all material breaches giving rise to the Forfeiture Action within thirty (30) days after the Final Court Order, the City may enforce the Forfeiture Action. Licensee shall not enjoy any further rights to install Facilities within the Public Way pursuant to this Telecommunications License, but otherwise the City will stay execution of the Forfeiture Action until the Final Court Order. In the event Licensee has not transferred the Telecommunications Facilities within 180 days of the Final Court Order to an unaffiliated person reasonably acceptable to the City and in accordance with Section 7 of this Telecommunications License, the City may enforce the Forfeiture Action and the Licensee shall cease its use of the Telecommunications Facilities within the City.

Appears in 3 contracts

Samples: www.durhamnc.gov, www.durhamnc.gov, www.durhamnc.gov

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COURT ACTION. In the event the Licensee brings a court action challenging any forfeiture declaration or termination of this Telecommunications License by the City ("Forfeiture Action"), the City agrees that it will stay execution of the Forfeiture Action pending any court action by Licensee challenging the Forfeiture Action and a final court order on such challenge ("Final Court Order"). A Final Court Order as described in this paragraph is a court order that adjudicates the substantive issues in the court action brought and that is no longer subject to appeal in the respective state or federal judicial system in which the court action was brought. If the Final Court Order upholds the Forfeiture Action and Licensee fails to cure any and all material breaches giving rise to the Forfeiture Action within thirty (30) days after the Final Court Order, the City may enforce the Forfeiture Action. , Licensee shall not enjoy any further rights to install Facilities within the Public Way pursuant to this Telecommunications License, but otherwise the City will stay execution of the Forfeiture Action until the Final Court Order. In the event Licensee has not transferred the Telecommunications Facilities within 180 days of the Final Court Order to an unaffiliated person reasonably acceptable to the City and in accordance with Section 7 of this Telecommunications License, the City may enforce the Forfeiture Action and the Licensee shall cease its use of the Telecommunications Facilities within the City.

Appears in 2 contracts

Samples: www.durhamnc.gov, www.durhamnc.gov

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