Unauthorized Occubancv of GTE Conduit Sample Clauses

Unauthorized Occubancv of GTE Conduit. 14.1 The parties agree that, because it would be impracticable and extremely difficult to determine the amount of actual damages resulting Licensee’s unauthorized occupancy, a charge equal to (5) times the amount of the then current Occupancy Fee shall be paid by Licensee to GTE for each unauthorized occupancy of GTE’s conduit(s) by Licensee. Such payment shall be deemed liquidated damages and not a penalty. Licensee also shall pay GTE an Occupancy Fee for each unauthorized occupancy accruing from the occupancy first began. In the event that the date the unauthorized occupancy began cannot be determined, such date shall be deemed the date of the last physical inventory made in accordance with this Agreement or, if no physical has been conducted, the date the first COR from Licensee was approved in accordance with this Agreement. Licensee also shall pay to GTE all costs incurred by GTE to rearrange Licensee’s Facilities that are unauthorized if such rearrangement is required to safeguard GTE’s facilities or to accommodate the facilities of another party whose facilities would not have required a rearrangement but for the presence of Licensee’s unauthorized facilities. Licensee also shall pay to GTE all costs incurred by GTE to reinforce, replace or modify any GTE conduit(s), which reinforcement, replacement or modification is required as a result of the unauthorized occupancy by Licensee. The Occupancy Fee referenced in this subsection 14.1 shall be determined in the same manner as such a fee would have been determined if the occupancy had been authorized by GTE.
Sample 1
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Related to Unauthorized Occubancv of GTE Conduit

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