Common use of Site Acceptance Clause in Contracts

Site Acceptance. Acceptance. For purposes of Section 5.2 (Acceptance Conclusive Evidence) below, Franchisee will be deemed to have accepted an Approved Location at the time Franchisee receives the Permit for the same or commences Installation or Construction of the Telecommunications System, Facilities, Franchisee Poles, and related equipment at the Approved Location, whichever occurs first. Acceptance Conclusive Evidence. Acceptance of the Approved Location by Franchisee is conclusive evidence that Franchisee: 5.2.1 Accepts the Approved Location, or any other portion of the Right-of-Way wherein Franchisee’s Telecommunications System, Facilities and/or Franchised Poles are situated, as being suitable for the purpose for which it is franchised; 5.2.2 Accepts the Approved Location and all other portions of the Right-of-way wherein the Telecommunications System, Facilities and Franchisee Poles are situated, and any structure on the Approved Location or in the Right-of-Way and every part and appurtenance thereof AS IS, with all faults; and 5.2.3 Waives all claims against the City in respect of defects in the Approved Location or any portion of the Right-of-Way and its structures and appurtenances, their habitability or suitability for any permitted purposes.

Appears in 1 contract

Sources: Telecommunications

Site Acceptance. Acceptance. For purposes of Section 5.2 (Acceptance Conclusive Evidence) below, Franchisee will be deemed to have accepted an Approved Location at the time Franchisee receives the Permit for the same or commences Installation or Construction of the Telecommunications System, Facilities, Franchisee Poles, and related equipment at the Approved Location, whichever occurs first. Acceptance Conclusive Evidence. Acceptance of the Approved Location by Franchisee is conclusive evidence that Franchisee: 5.2.1 5.2.1. Accepts the Approved Location, or any other portion of the Right-of-Way wherein Franchisee’s Telecommunications System, Facilities and/or Franchised Poles are situated, as being suitable for the purpose for which it is franchised; 5.2.2 5.2.2. Accepts the Approved Location and all other portions of the Right-of-way wherein the Telecommunications System, Facilities and Franchisee Poles are situated, and any structure on the Approved Location or in the Right-of-Way and every part and appurtenance thereof AS IS, with all faults; and 5.2.3 5.2.3. Waives all claims against the City in respect of defects in the Approved Location or any portion of the Right-of-Way and its structures and appurtenances, their habitability or suitability for any permitted purposes.

Appears in 1 contract

Sources: Telecommunications