Access and Useof Rights-of-Way Clause Samples

Access and Useof Rights-of-Way. AT&T acknowledges that it is required by the Telecommunications Act of 1996 toafford Licensee access to and use of all associated Rights of Way to any sites where AT&T’s owned or controlled Poles, Manholes, Conduits, Ducts or other parts of AT&T’s owned or controlled Conduit Systems are located. 2.4.1 AT&T shall provide Licensee with access to and use of such Rights of Way to the same extent and for the same purposes that AT&Tmay access or use such Rights of Way, including but not limited to access for ingress, egress or other access and to construct, utilize, maintain, modify, and remove Facilities for which Pole attachment, Conduit Occupancy, or ROWuse Licenses have been issued, provided that any agreement with a Third Party under which AT&T holds such rights expressly or impliedly grants AT&T the right toprovide such rights to others. 2.4.2 Where AT&T notifies Licensee that AT&T’s agreement witha Third Party does not expressly or impliedly grant AT&T the ability toprovide such access and use rights toothers, upon Licensee’s request, AT&T will use its best efforts to obtain the owner’s consent and tootherwise secure such rights for Licensee. Licensee agrees to reimburse AT&T for the reasonable and demonstrable costs incurred by AT&T in obtaining such rights for Licensee. 2.4.3 In cases where a Third Party agreement does not grant AT&T the right toprovide access and use rights toothers as contemplated in 2.4.1 and AT&T, despite its best efforts, is unable to secure such access and use rights for Licensee in accordance with 2.4.2, or, in the case where Licensee elects not to invoke its rights under 2.4.1 or 2.4.2, Licensee shall be responsible for obtaining such permission to access and use such Rights of Way. AT&T shall cooperate with Licensee in obtaining such permission and shall not prevent or delay any Third Party assignment of ROW’s to Licensee. 2.4.4 Where AT&T has any ownership or Rights of Way to buildings or building complexes, or within buildings or building complexes, AT&T shall offer to Licensee through a License or other attachment. 2.4.4.1 The right to use any available space owned or controlled by AT&T in the building or building complex to install Licensee equipment and Facilities; and 2.4.4.2 Ingress and egress to such space. 2.4.5 Except to the extent necessary to meet the requirements of the Telecommunications Act of 1996, neither this Agreement nor any License granted hereunder shall constitute a conveyance or assignment of any of eith...