Relocation Right. Notwithstanding any provision of the Agreement to the contrary, RCTC shall have the right to require that SUNESYS permanently relocate the System from the initial location upon the RCTC Facility to another available location on the RCTC Facility at any time during the Term if deemed necessary by RCTC pursuant to the provisions of this Article 7. In order to exercise this right of relocation, RCTC shall deliver to SUNESYS at least six (6) months prior written notice (the “Relocation Notice”) setting forth RCTC’s exercise of such right and a description of the proposed relocation site (the “Proposed Site”). The Proposed Site shall be subject to SUNESYS’ reasonable approval as a site feasible for the operation of System. SUNESYS shall have the right to disapprove of the new site if in SUNESYS’ good faith judgment the new site will not be suitable for SUNESYS’ use and operations as contemplated on the Effective Date. RCTC shall reimburse SUNESYS for the reasonable costs incurred by SUNESYS in relocating the System at RCTC’s request.
Appears in 2 contracts
Sources: Agreement With Sunesys LLC for Fiber Optic Services, Agreement With Sunesys LLC for Fiber Optic Services