Common use of Access to Pole Not Guaranteed Clause in Contracts

Access to Pole Not Guaranteed. (a) This Master License does not grant Licensee a permanent right of access to any Pole or a right of access to any Pole other than those specifically covered under a Pole License. The SFMTA reserves to itself the right in its absolute discretion to terminate a Pole License prior to its expiration or to terminate all Master Licenses at any time, subject to the provisions of this Master License. (b) Nothing contained in this Master License shall be construed to require the SFMTA to grant a Pole License where the placement of Licensee’s Equipment would interfere with existing SFMTA transit services or transit facilities or equipment or other City services, or would interfere with the use of SFMTA Pole(s) by others, or would create a hazardous or unsafe condition. (c) Nothing contained in this Master License shall be construed to require Licensor to construct, retain, extend, place or maintain any Pole or other facilities that are not needed for SFMTA transit operations. (d) The SFMTA reserves the right to remove any Pole(s) from service as transit infrastructure support if the SFMTA determines that said Pole(s) are unnecessary for transit service operations. If the SFMTA removes a pole from infrastructure support, the SFMTA may dismantle or demolish the Pole. The SFMTA will assist Licensee in locating a replacement pole for installation of Licensee’s Equipment, subject to the required approvals and permits described in this Master License.