Unauthorized Occupancy or Access Clause Samples

The Unauthorized Occupancy or Access clause defines the rules and consequences related to individuals occupying or entering a property without proper authorization. Typically, this clause outlines what constitutes unauthorized use, such as tenants staying beyond their lease term or third parties entering without permission, and may specify remedies like eviction, penalties, or liability for damages. Its core function is to protect property owners or managers by deterring unauthorized use and providing clear recourse if such situations arise.
Unauthorized Occupancy or Access. A. After the Effective Date of this Agreement and the completion of the Initial Attachment Inventory, if any of Licensee’s Communications Facilities, including Overlashing, are found occupying any portion of any of City’s Poles for which no Permit has been issued and is in effect, City, without prejudice to its other rights or remedies may assess an Unauthorized Attachment Fee, as specified in Appendix A, from the date of notice to Licensee until a complete Permit application and all required fees, as per Appendix A, have been submitted for the verified unauthorized attachments or until the verified Unauthorized Attachment is removed in the event the Permit is not granted. At City’s discretion, City may require the immediate removal of the verified unauthorized attachment, in which event Unauthorized Attachment Fees will continue to accrue and be payable by Licensee until the verified unauthorized attachment is removed. If Licensee persists in not removing the verified Unauthorized Attachment for a period of thirty (30) days after notification by City, or after denial of the Permit application, whichever is appropriate, then City may remove the verified Unauthorized Attachment, without liability to Licensee for any damage caused to such verified Unauthorized Attachment during the removal. If the Licensee wishes to dispute the claims of an Unauthorized Attachment, they may conduct the actions specified in Appendix D. B. If Licensee attaches Communications Facilities after submittal of a Permit application but prior to City’s final determination on the Permit, such premature attachment shall be deemed to be unauthorized, and the Unauthorized Attachment Fee shall apply from the date of notice by City to Licensee until the Permit is issued by City. If the City determines to deny the Permit application for such premature attachment, the Unauthorized Attachment Fee shall apply until the attachment is removed. C. No act or failure to act by City with regard to unauthorized occupancy or access shall be deemed as ratification of the unauthorized occupancy or access. If any Permit should be subsequently issued, said Permit shall not operate retroactively or constitute a waiver by City of any of its rights or remedies. Licensee shall be subject to all liabilities, obligations and responsibilities for the unauthorized occupancy or access from inception.
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Unauthorized Occupancy or Access. If any of Operator’s Attachments are found occupying any portion of KUB Infrastructure for which no License has been issued (Unauthorized Attachment), including Overlashing, Riser Attachments, Sites or Service Drops for which timely notification was not provided or that were deliberately installed in knowing violation of Applicable Standards, KUB, without prejudice to its other rights or remedies under this Agreement, will assess fees and the following procedures will be followed: 14.1.1 KUB shall provide specific written notice, including electronic notification via NJUNS, within thirty (30) calendar days of discovering such violation, and Operator shall be given thirty (30) calendar days from receipt of notice to contest 14.1.2 Operator shall pay back rent for all Unauthorized Attachments for a period of five 14.1.3 In addition to the back rent, where post-construction notification was required but not provided, or where Operator deliberately installed Attachments in knowing violation of Applicable Standards, Operator shall be subject to the penalties as specified in Appendix A for each Unauthorized Attachment, including Service Drops, Riser Attachments and Overlash Attachments, where an existing Licensed Pole Attachment exists. If Operator is found to have (i) repeated instances of Unauthorized Attachments demonstrating a deliberate or consistent pattern of 14.1.4 Operator shall submit a License Application in accordance with Article 6 of this Agreement within thirty (30) calendar days of receipt of notice from KUB of any Unauthorized Attachment(s), or such longer time as mutually agreed to by the parties after an inventory. No additional notification is required for Service Drops. In the case of Overlashing requiring a separate License Application under Article 6, Operator shall be required to submit an Application within thirty (30) calendar days of receipt of notice of Unauthorized Attachment(s). 14.1.5 In the event Operator fails to submit a License Application within thirty (30) calendar days, or such longer time as mutually agreed to by the parties after an inventory, the provisions of Article 23 shall apply.
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Unauthorized Occupancy or Access. A. Penalty Fee. If any of Licensee's Attachments are found occupying any Pole for which no Permit has been issued and for which an Annual Attachment fee is owed and not paid hereunder, RMU, without prejudice to its other rights or remedies under this Agreement, may assess an Unauthorized Access Penalty Fee as specified in Appendix A, Item 3. B. No Ratification of Unlicensed Use. No act or failure to act by RMU with regard to said unlicensed use shall ratify the unlicensed use. If any Permit should be subsequently issued, such Permit shall not operate retroactively or constitute a waiver by RMU of any of its rights or privileges under this Agreement or otherwise; provided, however, that Licensee shall be subject to all liabilities, obligations, and responsibilities of this Agreement in regards to said unauthorized use from its inception.
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Unauthorized Occupancy or Access. A. If any of Licensee’s Communications Facilities, including Overlashing by a third- party other than Licensee’s Affiliate, are found occupying any portion of any of Utility’s Poles for which no Permit has been issued and is in effect, Utility, without prejudice to its other rights or remedies, may (1) terminate the Licensee’s Permit related to the Poles that have the unauthorized occupancy, (2) terminate this Agreement, (3) assess an Unauthorized Attachment Fee (as specified in Appendix A) and/or (4) remove Licensee’s Communications Facilities at Licensee’s expense. B. No act or failure to act by Utility with regard to unauthorized occupancy or access shall be deemed as ratification of the unauthorized occupancy or access. If any Permit should be subsequently issued, said Permit shall not operate retroactively or constitute a waiver by Utility of any of its rights or remedies. Licensee shall be subject to all liabilities, obligations and responsibilities for the unauthorized occupancy or access from inception.
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Unauthorized Occupancy or Access 
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Related to Unauthorized Occupancy or Access

  • PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer providing property insurance and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Design-Build Documents.

  • Early Occupancy If Tenant occupies the Property prior to the Commencement Date, Tenant's occupancy of the Property shall be subject to all of the provisions of this Lease. Early occupancy of the Property shall not advance the expiration date of this Lease. Tenant shall pay Base Rent and all other charges specified in this Lease for the early occupancy period.

  • Beneficial Occupancy A. The County may, at any time, and from time to time, during the performance of the Work, enter the structure for the purpose of installing any necessary Work by County labor of other contracts, and for any other purpose in connection with the installation of facilities. In doing so, the County shall endeavor not to interfere with the Contractor and the Contractor shall not interfere with other Work being done by or on behalf of the County. B. If, prior to completion and Final Acceptance of all the Work under a specific Job Order, the County takes possession of any structure (whether completed or otherwise) comprising a portion of that Project with the intent of retaining possession thereof (as distinguished from temporary possession contemplating the return to the Contractor), then, while the County is in possession of the same, the Contractor, notwithstanding its normal responsibilities, shall be relieved of liability for loss or damage to structure other than that resulting from the Contractor's fault or negligence. Such taking of possession by the County shall not relieve the Contractor from any provisions of this Contract respecting such structure, other than to the extent specified in the preceding sentence, nor constitute a final acceptance of such structure.

  • Maximum Occupancy No more than two (2) guests per one (1) resident (who is present) are permitted in a student room/suite/apartment at any given time unless otherwise approved by the University (Residential Life).

  • Ready for Occupancy For purposes of Section 1.3.2 of this Agreement, the Premises shall be deemed “Ready for Occupancy” upon the substantial completion of the Tenant Improvement Work. Subject to Section 4.2 below, the Tenant Improvement Work shall be deemed to be “substantially complete” upon the completion of the Tenant Improvement Work pursuant to the Approved Construction Drawings (as reasonably determined by Landlord), with the exception of any details of construction, mechanical adjustment or any other similar matter the non-completion of which does not materially interfere with Tenant’s use of the Premises.