No Right to Interfere with Facilities of Others. The provisions of this License Agreement or any License issued hereunder shall not be construed as authorizing either party to this License Agreement to rearrange or interfere in any way with any of the other party’s facilities, with the facilities of other persons or entities, or with the use of or access to such facilities by such other party or such other persons or entities, except to the extent expressly provided by the provisions of this License Agreement or any License issued hereunder or by other applicable laws, rules or regulations. 2.8.1 Licensee acknowledges that the facilities of persons or entities other than WAA and Licensee may occupy WAA Conduits and Duct Banks. 2.8.2 WAA shall not (i) attach, or give permission to any Third Parties to attach facilities to existing Licensee facilities, or (ii) subject to the provisions of 16.1, move, disturb, or alter the Licensee Facilities or knowingly permit any third party to do so, without Licensee’s prior written consent. In addition, WAA shall not use or knowingly permit others to use the Licensee Facilities or any equipment that interferes with the operation of the Licensee Facilities. 2.8.3 With respect to facilities occupied by Licensee, WAA will give to Licensee sixty (60) days written notice of i) Conduit or Duct Bank extensions or reinforcements, ii) WAA’s intention to construct, reconstruct, expand or place such facilities, or iii) WAA’s intention not to maintain or use any existing facility and, in the case of an existing facility which WAA elects not to maintain or use, WAA will coordinate with Licensee and appropriate Third Parties to maintain and use such facility. If an emergency requires WAA to construct, reconstruct, expand or replace Conduits or Duct Banks occupied by Licensee, WAA will notify Licensee as soon as reasonably practicable of such proposed construction, reconstruction, expansion or replacement to enable Licensee, if it so desires, to request that Conduits or Duct Banks of greater capacity be utilized to accommodate an anticipated facility need of Licensee.
Appears in 1 contract
Sources: License Agreement
No Right to Interfere with Facilities of Others. The provisions of this License Agreement or any License issued hereunder shall not be construed as authorizing either party to this License Agreement to rearrange or interfere in any way with any of the other party’s facilities, with the facilities of other persons or entities, or with the use of or access to such facilities by such other party or such other persons or entities, except to the extent expressly provided by the provisions of this License Agreement or any License issued hereunder or by other applicable laws, rules or regulations.
2.8.1 Licensee acknowledges that the facilities of persons or entities other than WAA and Licensee may occupy WAA Conduits and Duct Banks.
2.8.2 WAA shall not (i) attach, or give permission to any Third Parties to attach facilities to existing Licensee facilities, or (ii) subject to the provisions of 16.1, move, disturb, or alter the Licensee Facilities or knowingly permit any third party to do so, facilities without Licensee’s prior written consent. In addition, WAA shall not use or knowingly permit others to use the Licensee Facilities or any equipment that interferes with the operation of the Licensee Facilities.
2.8.3 With respect to facilities occupied by Licensee, WAA will give to Licensee sixty (60) days written notice of i) Conduit or Duct Bank extensions or reinforcements, ii) WAA’s intention to construct, reconstruct, expand or place such facilities, or iii) WAA’s intention not to maintain or use any existing facility and, in the case of an existing facility which WAA elects not to maintain or use, WAA will coordinate with Licensee and appropriate Third Parties to maintain and use such facility. If an emergency requires WAA to construct, reconstruct, expand or replace Conduits or Duct Banks occupied by Licensee, WAA will notify Licensee as soon as reasonably practicable of such proposed construction, reconstruction, expansion or replacement to enable Licensee, if it so desires, to request that Conduits or Duct Banks of greater capacity be utilized to accommodate an anticipated facility need of Licensee.
Appears in 1 contract
Sources: License Agreement