Common use of Utility Operations Clause in Contracts

Utility Operations. FOCAS also understands and acknowledges that under the terms of the Utility Agreements, if a Utility Company determines that modifications to the Towers, the Substation Sites, or the Right of Way owned or controlled by such Utility Company over, upon or through which the System is installed, or any portion thereof, are necessary to conduct Utility Operations in a manner that adversely affects the use of the System, the Utility Company must provide ▇▇▇ with twelve (12) months' prior written notice of its intention to make such modifications. The notice must be accompanied with an alternate route plan for the Affected Portion of the System, to the extent any such alternate route plan can be made available. However, the foregoing right is not available after a Revocable License converts to an Irrevocable License as described in Section 2.6.

Utility Operations. FOCAS also understands and acknowledges that under the terms of the Utility Agreements, if a Utility Company determines that modifications to the Towers, the Substation Sites, or the Right of Way owned or controlled by such Utility Company over, upon or through which the System is installed, or any portion thereof, are necessary to conduct Utility Operations in a manner that adversely affects the use of the System, the Utility Company must provide ▇▇▇ ELI with twelve (12) months' prior written w▇▇▇ten notice of its intention to make such modifications. The notice must be accompanied with an alternate route plan for the Affected Portion of the System, to the extent any such alternate route plan can be made available. However, the foregoing right is not available after a Revocable License converts to an Irrevocable License as described in Section 2.6.