Examples of Licensee Fibers in a sentence
Licensee understands and agrees that Crown Castle’s ability to grant Licensee the license to use the Licensee Fibers pursuant to this Agreement, and to attach, install, construct, operate, and maintain the Crown Castle Network and the Licensee Fibers, is at all times subject and subordinate to, and limited by, the Underlying Rights, applicable laws, rules, ordinances, codes, and regulations.
In the event that Crown Castle is required by any underlying service provider, public authorities, or lawful order or decree of a regulatory agency or court or any other reason beyond Crown Castle’s reasonable control, to relocate or modify any or all Cable on the Route upon which the Licensee Fibers are located, Crown Castle’s costs for any such work shall be shared on a pro rata basis with Licensee.
Crown Castle shall not be liable for any acts or omissions by Crown Castle, its employees or affiliates that interfere with or otherwise affect Licensee’s use of the Licensee Fibers to the extent such acts or omissions are required by the Underlying Rights, including, without limitation acts or omissions that deny the use of, alter, or remove the Cable.
A Product Outage shall be deemed to begin upon the earlier of Crown Castle’s actual knowledge of the Product Outage or Crown Castle’s receipt of notice from Licensee of the Product Outage, and end when the Licensee Fibers are operational and in material conformance with the applicable Specifications.
If at any time during the Product Term, all or any significant portion of the Cable is taken for any public or quasi-public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain and, after exercise of the Parties’ commercially prudent efforts, the Cable cannot be relocated pursuant to Section 4.3 herein, either Party may elect to terminate the impacted Licensee Fibers upon giving the other thirty (30) days prior written notice.
If a Route Segment is terminated pursuant to this Section, Crown Castle shall make reasonable efforts to find alternate capacity or facilities owned or controlled by Crown Castle to meet Licensee’s needs, but under no circumstances shall Crown Castle be obligated to contract for or to construct new facilities, or otherwise incur any additional cost or expenses, to replace the Cable or Licensee Fibers on the Route Segments terminated under this Section 5.1.
If Licensee Fibers are terminated in accordance with this Section, the applicable license shall be deemed canceled and neither Party shall have any further obligations to the other, except that both Parties shall be entitled to participate in any condemnation proceedings to seek to obtain compensation via separate awards for the economic value of their respective interest in the Cable.
By virtue of the Agreement, Licensee shall only have a license to use the Licensee Fibers or related facilities, expressly granted herein, and in no event shall such license be construed to be greater than the Underlying Rights to use such Licensee Fibers.
Crown Castle and Licensee shall cooperate in performing such relocation or modifications so as to minimize any interference with the use of the Licensee Fibers and the Cable and to avoid conflicting physically or otherwise interfering with joint users of the Cable or any other property impacted by the installation, construction, maintenance, or use of the Cable, to the extent reasonably possible.
Licensee shall not assign, sell, transfer, lease, sublease, license, sub-license, or otherwise grant a right to use the Licensee Fibers to any third party without the prior written consent of Crown Castle.