Common use of Additional Licences Clause in Contracts

Additional Licences. The Purchaser hereby acknowledges that the Vendor shall be entitled, and is hereby authorized, at its cost and for its benefit, to grant additional licenses, easements or statutory rights-of-way over the Purchased Line, the Leased Lands and the Wellcox Yard to accommodate additional FOCCs ("additional SRWs") on terms and conditions which are similar or more advantageous than those set out in the Fibre Optic SRWs and which are no more onerous to the Purchaser with respect to the operation of its railway business; provided that the Vendor shall give the Purchaser thirty (30) days written notice before doing so, which notice shall include all drawings, plans and specifications and precise and detailed site and survey plans (collectively, the "FOCC Plans") showing the exact location thereof and which location must be consented to in writing by the Purchaser, said consent not to be unreasonably withheld or delayed. At the request of the Vendor, the Purchaser covenants and agrees to enter into and grant such additional SRWs with respect to the Purchased Line provided that such additional SRWs shall conform at all times with all applicable municipal, provincial or federal statutory and regulatory requirements. The Purchaser may at any time request confirmation from the Vendor of conformity of the additional SRWs, to the FOCC Plans provided by the Vendor following completion thereof.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Railamerica Inc /De), Asset Purchase Agreement (Railamerica Inc /De)