Common use of Effect of Failure to Exercise Access Rights Clause in Contracts

Effect of Failure to Exercise Access Rights. 4.6.1 Failure by Licensee to fully exercise access rights granted pursuant to this Agreement and/or applicable Permit(s) within: (a) 120 days from Permit approval/issuance date (in event no Make-Ready Work is required); and/or (b) 120 days from date Make-Ready Work is completed (in event Make- (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third party approvals pending (e.g.: permit approvals) or similar circumstances 4.6.2 Licensee’s failure to submit acceptable as-builts and any other required documentation and inspections within: (a) 140 days of date of application approval when Make-Ready work is not required (120 days to complete work from date of application approval, plus 20 days to complete and submit required inspections/documentations); and/or (b) 140 days of completion of Make-Ready work (120 days to complete work from date Make-Ready work completed, plus 20 days to complete and submit required inspections/documentation), or (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third party approvals pending (e.g.: permit approvals) or similar circumstances shall also constitute failure to fully exercise access rights, and in this event the District may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Attaching Entities.

Effect of Failure to Exercise Access Rights. 4.6.1 Failure by Licensee to fully exercise access rights granted pursuant to this Agreement and/or applicable Permit(s) within: (a) 120 days from Permit approval/issuance date (in event no Make-Ready Work is required); and/or (b) 120 days from date Make-Ready Work is completed (in event Make-Make-Ready Work is required); or (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third party approvals pending (e.g.: permit approvals) or similar circumstances 4.6.2 Licensee’s failure to submit acceptable as-builts and any other required documentation and inspections within: (a) 140 days of date of application approval when Make-Ready work is not required (120 days to complete work from date of application approval, plus 20 days to complete and submit required inspections/documentations); and/or (b) 140 days of completion of Make-Ready work (120 days to complete work from date Make-Ready work completed, plus 20 days to complete and submit required inspections/documentation), or (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third party approvals pending (e.g.: permit approvals) or similar circumstances shall also constitute failure to fully exercise access rights, and in this event the District may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Attaching Entities.circumstances