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

Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within one hundred twenty (120) days of the effective date of such right and any extension to such Permit(s), City may, but shall have no obligation to, use the space scheduled for Licensee’s Attachment(s) for its own needs or make the space available to other Attaching Entities. In such instances, City shall endeavor to make other space available to Licensee, upon written Application under Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. If City uses the space for its own needs or makes it available to Other Parties, then from the date that City or a third party begins to use such space, Licensee may obtain a refund on the portion of any Attachment Rates that it has paid in advance for that space. For purposes of this paragraph, Licensee’s access rights shall not be deemed effective until any necessary Make-Ready Work has been performed.

Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within one hundred twenty ninety (12090) calendar days of the effective date of such right and any extension to such Permit(s), City Utility may, but shall have no obligation to, use the space scheduled for Licensee’s Attachment(s) for its own needs or make the space available to other Attaching Entities. In such instances, City Utility shall endeavor to make other space available to Licensee, upon written Application application under Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. If City Utility uses the space for its own needs or makes it them available to Other Partiesother parties, then from the date that City Utility or a third party begins to use such space, Licensee may obtain a refund on the portion of any Attachment Rates that it has paid in advance for that space. For purposes of this paragraph, Licensee’s access rights shall not be deemed effective until any necessary Make-Ready Work has been performed.