Common use of Power to Condemn Clause in Contracts

Power to Condemn. PAETEC acknowledges that City and others from time to time may ▇▇▇ the power to condemn the area used by PAETEC or any interest therein or rights thereto. a. City reserves the right of condemnation or eminent domain over the area used and/or occupied by PAETEC. City does not warrant that it will not condemn the area(s) used and/or occupied by PAETEC during the term of this Agreement, but City does not presently have intentions to condemn such area(s). b. City also reserves the right through its powers of eminent domain to acquire all or any portion of the Facilities owned by PAETEC in accordance with the applicable conditions set forth in the Arizona Revised Statutes. However, under no circumstances shall any valuation be made for any right or privilege granted by this Agreement should the City acquire the property of PAETEC.

Appears in 2 contracts

Sources: Wired Telecommunications License and Right of Way Use Agreement, Wired Telecommunications License and Right of Way Use Agreement