Common use of Grant of Franchise Clause in Contracts

Grant of Franchise. a) Subject to the terms and conditions hereof, the Municipality hereby grants to the Company the exclusive right within the Municipal Service Area to: i. provide Natural Gas Distribution Service; ii. Construct, Operate, and Maintain the Natural Gas Distribution System; and iii. use portions of roads, rights-of-way, and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas Distribution Service or to Construct, Operate and Maintain the Natural Gas Distribution System. b) Subject to subparagraph 4c) , and to the terms and conditions hereof, the Municipality agrees it will not, during the Term, grant to any other person, firm or corporation, the right to Construct, Operate and Maintain any natural gas distribution system nor the exclusive right to use the portions of the roads, rights- of-way and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas distribution service or to Construct, Operate and Maintain a Natural Gas distribution system, for the purpose of delivering Natural Gas in the Municipal Service Area for Consumers, so long as the Company delivers the Consumers’ requirements of Natural Gas. c) The Company agrees to: i. bear the full responsibility of an owner of a Natural Gas distribution system and to ensure all services provided pursuant to this Agreement are provided in accordance with the Delivery Tariff, insofar as applicable; ii. Construct, Operate and Maintain the Natural Gas Distribution System; iii. use designated portions of roads, rights-of-way, and other lands including other lands owned, controlled or managed by the Municipality necessary to Construct, Operate and Maintain the Natural Gas Distribution System, including the necessary removal, trimming of trees, shrubs or bushes or any parts thereof; and iv. use the Municipality’s roads, rights-of-way and other Municipal Property granted hereunder solely for the purpose of providing Natural Gas Distribution Service and any other service contemplated by this Agreement.

Grant of Franchise. a) Subject to the terms and conditions hereof, the Municipality hereby grants to the Company the exclusive right within the Municipal Service Area to: i. provide Natural Gas Distribution Service; ii. to Construct, Operate, and Maintain the Natural Gas Distribution System; and iii. System together with the exclusive right to use portions of roads, rights-of-way, and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas Distribution Service or to Construct, Operate and Maintain the Natural Gas Distribution System. b) . Subject to subparagraph 4c) , and to the terms and conditions hereof, the Municipality agrees that it will not, during the Term, grant to any other person, firm or corporation, the right to Construct, Operate and Maintain any natural gas distribution system nor the exclusive right to use the portions of the roads, rights- rights-of-way and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas distribution service or to Construct, Operate and Maintain a Natural Gas gas distribution system, for the purpose of delivering Natural Gas natural gas in the Municipal Service Area for Consumers, so long as the Company delivers to the Consumers’ Municipality and the Consumers their requirements of Natural Gasnatural gas. cb) The Company agrees to: i. i) bear the full responsibility of an owner of a Natural Gas natural gas distribution system and to ensure all services provided pursuant to this Agreement are provided in accordance with the Delivery Tariff, insofar as applicable; ii. ) Construct, Operate and Maintain the Natural Gas Distribution System; iii. ) use designated portions of roads, rights-of-way, and other lands including other lands owned, controlled or managed by the Municipality necessary to Construct, Operate and Maintain the Natural Gas Distribution System, including the necessary removal, trimming of trees, shrubs or bushes or any parts thereof; and iv. ) use the Municipality’s roads, rights-of-way and other Municipal Property granted hereunder solely for the purpose of providing Natural Gas Distribution Service and any other service contemplated by this Agreement.

Grant of Franchise. a) Subject to the terms and conditions hereof, the Municipality hereby grants to the Company the exclusive right within the Municipal Service Area to: i. provide Natural Gas Distribution Service; ii. Construct, Operate, and Maintain the Natural Gas Distribution System; and iii. use portions of roads, rights-of-way, and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas Distribution Service or to Construct, Operate and Maintain the Natural Gas Distribution System. b) Subject to subparagraph 4c) , and to the terms and conditions hereof, the Municipality agrees it will not, during the Term, grant to any other person, firm or corporation, the right to Construct, Operate and Maintain any natural gas distribution system nor the exclusive right to use the portions of the roads, rights- rights-of-way and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas distribution service or to Construct, Operate and Maintain a Natural Gas distribution system, for the purpose of delivering Natural Gas in the Municipal Service Area for Consumers, so long as the Company delivers the Consumers’ requirements of Natural Gas. Recognizing however, the Municipality shall always retain the right to install or have installed district energy areas or subdivisions, that may supply part or all of the energy needs of any consumers served by such district energy locations; provided that the Municipality will use reasonable commercial efforts in its planning and construction of such district energy areas or subdivisions to afford the Company a reasonable opportunity to participate in such district energy areas or subdivisions. c) The Company agrees to: i. bear the full responsibility of an owner of a Natural Gas distribution system and to ensure all services provided pursuant to this Agreement are provided in accordance with the Delivery Tariff, insofar as applicable; ii. Construct, Operate and Maintain the Natural Gas Distribution System; iii. use designated portions of roads, rights-of-way, and other lands including other lands owned, controlled or managed by the Municipality necessary to Construct, Operate and Maintain the Natural Gas Distribution System, including the necessary removal, trimming of trees, shrubs or bushes or any parts thereof; and iv. use the Municipality’s roads, rights-of-way and other Municipal Property granted hereunder solely for the purpose of providing Natural Gas Distribution Service and any other service contemplated by this Agreement. d) The Company and the Municipality acknowledge that the Municipality will consider, from time to time, innovative and creative ways to accomplish sustainable energy solutions, including district energy solutions. The parties will use reasonable commercial efforts to consult on such sustainable energy solutions to afford the Company a reasonable opportunity to participate in such solutions. e) If any part of the Municipal Service Area is expanded by Ministerial Order or by bylaw or resolution of the Council, the Municipality will notify the Company in writing should the Municipality choose to have the expanded area included as part of the exclusive franchise area to be served by the Company under this Agreement.

Grant of Franchise. a) Subject to the terms and conditions hereof, the Municipality hereby grants to the Company the exclusive right within the Municipal Service Area to: i. i) provide Natural Gas Distribution Service; ii. ) Construct, Operate, and Maintain the Natural Gas Distribution System; and iii. ) use portions of roads, rights-of-way, and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas Distribution Service or to Construct, Operate and Maintain the Natural Gas Distribution System. b) Subject to subparagraph 4c) , and to the terms and conditions hereof, the Municipality agrees it will not, during the Term, grant to any other person, firm or corporation, the right to Construct, Operate and Maintain any natural gas distribution system nor the exclusive right to use the portions of the roads, rights- rights-of-way and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas distribution service or to Construct, Operate and Maintain a Natural Gas distribution system, for the purpose of delivering Natural Gas in the Municipal Service Area for Consumers, so long as the Company delivers the Consumers’ requirements of Natural Gas. c) The Company agrees to: i. i) bear the full responsibility of an owner of a Natural Gas distribution system and to ensure all services provided pursuant to this Agreement are provided in accordance with the Delivery Tariff, insofar as applicable; ii. ) Construct, Operate and Maintain the Natural Gas Distribution System; iii. ) use designated portions of roads, rights-of-way, and other lands including other lands owned, controlled or managed by the Municipality necessary to Construct, Operate and Maintain the Natural Gas Distribution System, including the necessary removal, trimming of trees, shrubs or bushes or any parts thereof; and iv. ) use the Municipality’s roads, rights-of-way and other Municipal Property granted hereunder solely for the purpose of providing Natural Gas Distribution Service and any other service contemplated by this Agreement.

Grant of Franchise. a) Subject to the terms and conditions hereof, the Municipality hereby grants to the Company the exclusive right within the Municipal Service Area to: i. i) provide Natural Gas Distribution ServiceService on an exclusive basis; ii. ) Construct, Operate, and Maintain the Natural Gas Distribution SystemSystem on an exclusive basis; and iii. ) without in any way limiting the rights of the Company pursuant to easements or rights-of-way on lands owned or controlled by the Municipality which are existing as of the commencement date of this Agreement pursuant to subparagraph 2)a), use portions of roads, rights-of-way, and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas Distribution Service or to Construct, Operate and Maintain the Natural Gas Distribution SystemSystem on a non- exclusive basis. b) Subject to subparagraph 4c) 4)c), and to the terms and conditions hereof, the Municipality agrees it will not, during the Term, grant to any other person, firm or corporation, the right to Construct, Operate and Maintain any natural gas distribution system nor the exclusive right to use the portions of the roads, rights- rights-of-way and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas distribution service or to Construct, Operate and Maintain a Natural Gas distribution system, for the purpose of delivering Natural Gas in the Municipal Service Area for Consumers, so long as the Company delivers the Consumers’ requirements of Natural Gas. c) The Company agrees to: i. i) bear the full responsibility of an owner of a Natural Gas distribution system and to ensure all services provided pursuant to this Agreement are provided in accordance with the Delivery Tariff, insofar as applicable, and the terms and conditions herein; ii. ) Construct, Operate and Maintain the Natural Gas Distribution System; iii. ) use designated portions of roads, rights-of-way, and other lands including other lands owned, controlled or managed by the Municipality necessary to Construct, Operate and Maintain the Natural Gas Distribution System, including the necessary removal, trimming of trees, shrubs or bushes or any parts thereof; and iv. ) use the Municipality’s roads, rights-of-way and other Municipal Property granted hereunder solely for the purpose of providing Natural Gas Distribution Service and any other service contemplated by this Agreement. d) The Municipality agrees that nothing in this Agreement will be construed to be a waiver or release by the Company of any right, interest, entitlement or benefit of the Company (or its successors or assigns) granted or provided for pursuant to Bylaw 3232 and vested in the Company.

Grant of Franchise. a) Subject to the terms and conditions hereof, the Municipality hereby grants to the Company the exclusive right within the Municipal Service Area to: i. provide Natural Gas Distribution Service; ii. Construct, Operate, and Maintain the Natural Gas Distribution System; and iii. use portions of roads, rights-of-way, and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas Distribution Service or to Construct, Operate and Maintain the Natural Gas Distribution System. b) Subject to subparagraph 4c) , and to the terms and conditions hereof, the Municipality agrees it will not, during the Term, grant to any other person, firm or corporation, the right to Construct, Operate and Maintain any natural gas distribution system nor the exclusive right to use the portions of the roads, rights- of-way and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas distribution service or to Construct, Operate and Maintain a Natural Gas distribution system, for the purpose of delivering Natural Gas in the Municipal Service Area for Consumers, so long as the Company delivers the Consumers’ Consumer requirements of Natural Gas. c) The Company agrees to: i. bear the full responsibility of an owner of a Natural Gas distribution system Distribution System and to ensure all services provided pursuant to this Agreement are provided in accordance with the Delivery Tariff, insofar as applicable; ii. Construct, Operate and Maintain the Natural Gas Distribution System; iii. use designated portions of roads, rights-of-way, and other lands including other lands owned, controlled or managed by the Municipality necessary to Construct, Operate and Maintain the Natural Gas Distribution System, including the necessary removal, trimming of trees, shrubs or bushes or any parts thereof; and iv. use the Municipality’s roads, rights-of-way and other Municipal Property granted hereunder solely for the purpose of providing Natural Gas Distribution Service and any other service contemplated by this Agreement.

Grant of Franchise. a) Subject to the terms and conditions hereof, the Municipality hereby grants to the Company the exclusive right within the Municipal Service Area to: i. provide Natural Gas Distribution Service; ii. Construct, Operate, and Maintain the Natural Gas Distribution System; and iii. use portions of roads, rights-of-way, and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas Distribution Service or to Construct, Operate and Maintain the Natural Gas Distribution System. b) Subject to subparagraph 4c) , and to the terms and conditions hereof, the Municipality agrees it will not, during the Term, grant to any other person, firm or corporation, the right to Construct, Operate and Maintain any natural gas distribution system nor the exclusive right to use the portions of the roads, rights- rights-of-way and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas distribution service or to Construct, Operate and Maintain a Natural Gas distribution system, for the purpose of delivering Natural Gas in the Municipal Service Area for Consumers, so long as the Company delivers the Consumers’ requirements of Natural Gas. c) The Company agrees to: i. bear the full responsibility of an owner of a Natural Gas distribution system and to ensure all services provided pursuant to this Agreement are provided in accordance with the Delivery Tariff, insofar as applicable; ii. Construct, Operate and Maintain the Natural Gas Distribution System; iii. use designated portions of roads, rights-of-way, and other lands including other lands owned, controlled or managed by the Municipality necessary to Construct, Operate and Maintain the Natural Gas Distribution System, including the necessary removal, trimming of trees, shrubs or bushes or any parts thereof; and iv. use the Municipality’s roads, rights-of-way and other Municipal Property granted hereunder solely for the purpose of providing Natural Gas Distribution Service and any other service contemplated by this Agreement.

Grant of Franchise. ‌ a) Subject to the terms and conditions hereof, the Municipality hereby grants to the Company the exclusive right within the Municipal Service Area to: i. provide Natural Gas Distribution Service; ii. Construct, Operate, and Maintain the Natural Gas Distribution System; and iii. use portions of roads, rights-of-way, and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas Distribution Service or to Construct, Operate and Maintain the Natural Gas Distribution System. b) Subject to subparagraph 4c) 4d), and to the terms and conditions hereof, the Municipality agrees it will not, during the Term, grant to any other person, firm or corporation, the right to Construct, Operate and Maintain any natural gas distribution system nor the exclusive right to use the portions of the roads, rights- of-way and other lands owned, controlled or managed by the Municipality which have been designated by the Municipality for such use and which are necessary to provide Natural Gas distribution service or to Construct, Operate and Maintain a Natural Gas distribution system, for the purpose of delivering Natural Gas in the Municipal Service Area for Consumers, so long as the Company delivers the Consumers’ requirements of Natural Gas. c) The Company agrees to: i. bear the full responsibility of an owner of a Natural Gas distribution system and to ensure all services provided pursuant to this Agreement are provided in accordance with the Delivery Tariff, insofar as applicable; ii. Construct, Operate and Maintain the Natural Gas Distribution System; iii. use designated portions of roads, rights-of-way, and other lands including other lands owned, controlled or managed by the Municipality necessary to Construct, Operate and Maintain the Natural Gas Distribution System, including the necessary removal, trimming of trees, shrubs or bushes or any parts thereof; and iv. use the Municipality’s roads, rights-of-way and other Municipal Property granted hereunder solely for the purpose of providing Natural Gas Distribution Service and any other service contemplated by this Agreement. d) The Company and the Municipality agree that the Special Franchise herein granted to the Company shall be exclusive; provided, that the Municipality may allow any other person, firm or corporation the right to lay pipes within the portion of the Municipal Area shown on Schedule "C" to this Agreement, subject to the following provisions: i. the Municipality may only allow another person, firm or corporation to lay pipes in the Municipality, where the Municipality, acting reasonably, can clearly demonstrate that the proposed consumer will receive natural gas from the other person, firm or corporation at a cost lower than the cost which would result from the natural gas being supplied by or through the pipeline system of the Company; ii. for purposes of Article 4 d i), the Municipality shall include in the cost of natural gas proposed to be supplied by the other person, firm or corporation an amount equal to the franchise fee which would be paid by the consumer if the natural gas were supplied by the Company; iii. prior to the Municipality allowing another person, firm or corporation to lay pipes in the Municipality, the Municipality shall first give not less than thirty