Common use of Removal due to Public Project Clause in Contracts

Removal due to Public Project. City shall provide Mobilitie no less than ninety (90) days written notice of its intent to require Mobilitie to remove part of its Network or Attachments Mobilitie, at its sole cost and expense, shall remove and relocate any part of the Network, constructed, installed, used and/or maintained by Mobilitie under this Agreement, whenever the City reasonably determines that the removal and/or relocation of any part of the Network is needed for any of the following purposes: (a) due to any work proposed to be done by or on behalf of the City or any other governmental agency, including but not limited to, any change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground or aboveground facilities such as sewers, water mains, drains, storm drains, pipes, gas mains, poles, power lines, telephone lines, cable television lines and tracks; (b) because any part of the Network is interfering with or adversely affecting the proper operation of City-owned light poles, traffic signals, or other City facilities; or (c) to protect or preserve the public health and safety. The City shall cooperate with Mobilitie in relocating any portion of the Network removed pursuant to this Section 3.1 in a manner that allows Mobilitie to continue providing service to its customers, including, but not limited to, expediting approval of any necessary permits required for the relocation of that portion of the Network relocated under this Section 3.1.

Removal due to Public Project. Upon receipt of a written demand from the City shall provide Mobilitie no less than ninety (90) days written notice of its intent pursuant to require Mobilitie to remove part of its Network or Attachments Mobilitiethis Section 3, KsFiberNet, at its sole cost and expense, shall remove and relocate any part of the Network, constructed, installed, used and/or maintained by Mobilitie KsFiberNet under this Agreement, whenever the City reasonably determines that the removal and/or relocation of any part of the Network is needed for any of the following purposes: (a) due to any work proposed to be done by or on behalf of the City or any other governmental agency, including including, but not limited to, any change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground or aboveground facilities such used as sewers, water mains, drains, storm drains, pipes, gas mains, poles, power lines, telephone lines, cable television lines and tracks; (b) because any part of the Network is interfering with or adversely affecting the proper operation of City-owned light poles, traffic signals, or other City facilitiesfacilities or operations; or (c) to protect or preserve the public health and safety. The City shall cooperate with Mobilitie KsFiberNet in relocating any portion of the Network removed pursuant to this Section 3.1 in a manner that allows Mobilitie KsFiberNet to continue providing service to its customers, including, but not limited to, expediting approval of any necessary permits required for the relocation of that portion of the Network relocated under this Section 3.1. No permitting or other fees may be charged by the City for a removal occurring under this Section.

Removal due to Public Project. Except to the extent not permitted by Law, upon receipt of a written demand from the City shall provide Mobilitie no less than ninety (90) days written notice of its intent pursuant to require Mobilitie to remove part of its Network or Attachments Mobilitiethis Article 3, Permittee, at its sole cost and expense, shall remove and relocate any part of the NetworkFacilities, constructed, installed, used and/or maintained by Mobilitie Permittee under this Agreement, whenever the City reasonably determines that the removal and/or relocation of any part of the Network Facilities is needed for any of the following purposes: : (a) due to any work proposed to be done by or on behalf of the City or any other governmental agency, including but not limited to, any change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground or aboveground facilities such as sewers, water mains, drains, storm drains, pipes, gas mains, poles, power lines, telephone lines, cable television lines and tracks; ; (b) because any part of the Network Facilities is interfering with or adversely affecting the proper operation of City-owned light poles, traffic signals, or other City facilities; or or (c) to protect or preserve the public health and safety. The City shall cooperate with Mobilitie Permittee in relocating any portion of the Network Facilities removed pursuant to this Section 3.1 in 3.1. Notwithstanding the forgoing, if the city issues a manner that allows Mobilitie permit subsequent to continue providing service the effective date of this Agreement to its customersa private developer, including, but not limited to, expediting approval and such work contemplated under the permit requires the removal or relocation of any necessary permits required for the relocation of that portion of the Network relocated under Permittee’s equipment subject to this Section 3.1Agreement, temporary or otherwise, those costs shall be borne by Permittee.