Underlying Rights. In the event of any changes in underlying ROW, rights to use fiber optic cable and/or equipment or Facilities, resulting in Authority's loss of rights which it deems necessary to provide the Lease hereunder, Authority may in its sole discretion terminate this Agreement and/or any or all Network Specifications. 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. 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.
Underlying Rights. The Parties agree and acknowledge that the ability of The City to perform its obligations under this Agreement may be affected by Underlying Rights of Third Parties and The City will not be deemed to be in default of its obligations under this Agreement if The City’s failure or delay in its performance is caused by or attributable to the terms of Underlying Rights, The City’s compliance with Underlying Rights or an event of force majeure as described in Article 13.0, Section 13.7 this Agreement.
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. “Underlying Rights” shall mean all deeds, leases, easements, rights-of-way agreements, licenses, franchises, permits, grants, permissions and other rights, titles and interests that are necessary for the SOW. If Intermax is the owner of some or all of the Work Site, Intermax hereby grants permission to Contractor to construct, bore, install, attach to, own, operate, maintain, repair, disconnect, replace and remove fiber optic cable, conduit, innerduct, fiber termination panels and associated equipment (collectively the “Worksite Placeholder”), in, on, over, under and across the portion of the Work Site owned by Intermax in order to allow Contractor to perform the Scope of Work and complete the Project. Intermax shall arrange some or all of the Underlying Rights from the appropriate owner(s) and/or legal jurisdictions in order to allow Contractor to perform the SOW as follows: _ Intermax understands and agrees that any delay caused by Intermax’s failure to obtain Underlying Rights may cause the Start Date to be tolled on a day-for-day basis. Contractor shall arrange for all of the necessary Underlying Rights from the appropriate owner(s) and/or legal jurisdictions, as follows: .
Underlying Rights. 5.1 The Hiring Company warrants and undertakes to the ROH that it shall enter into an agreement with the Underlying Rights Holder for all rights in the Work that are necessary for the Hiring Company to perform the Work for the purpose of the Production and any other use of the Work authorised by the ROH under the terms of this Agreement.
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. In the event of any changes in underlying rights of way, permits or rights to use fiber optic cable and/or equipment or Facilities pursuant to agreements between SRP and third parties, resulting in SRP’s loss of rights which it deems necessary to provide the License hereunder, either party may in its sole discretion terminate this Agreement and/or any affected Product Orders; provided, however, that SRP shall promptly give Licensee written notice of any event, action or proceeding that SRP believes may result in SRP’s loss of rights which it deems necessary to provide the License hereunder.
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
