Common use of Access to Private Easements Clause in Contracts

Access to Private Easements. 4.10.1 PACIFIC shall not block any third party assignment of ROW to CLEC. 4.10.2 To the extent space is available, PACIFIC shall provide access to ROWs it has obtained from a third party to CLEC on a nondiscriminatory, first-come, first-served basis, provided that any underlying agreement with such third party permits PACIFIC to provide such access, and provided that CLEC agrees to indemnify PACIFIC for any liability arising out of such access or use. 4.10.3 PACIFIC will, upon request by CLEC, grant CLEC access to any private easement held by PACIFIC, in a mutually agreeable form of sub-easement, assignment or other appropriate access. PACIFIC's charge for such access shall be a pro rata portion of (a) the charge paid by PACIFIC to the grantor of the easement and (b) any other documented administrative and engineering costs incurred by PACIFIC in obtaining the original easement, both of which shall be determined on a case-by-case basis and calculated by taking into account (i) the size of the area to be used by CLEC and (ii) the number of users of PACIFIC's easement. CLEC shall also pay the reasonable documented administrative cost incurred by PACIFIC in processing such requests for access.

Access to Private Easements. 4.10.1 11.1 PACIFIC shall not block any third party assignment of ROW to CLECCARRIER. 4.10.2 11.2 To the extent space is available, PACIFIC shall provide access to ROWs it has obtained from a third party to CLEC CARRIER on a nondiscriminatory, first-come, first-served basis, provided that any underlying agreement with such third party permits PACIFIC to provide such access, and provided that CLEC CARRIER agrees to indemnify PACIFIC for any liability arising out of such access or use. 4.10.3 11.3 PACIFIC will, upon request by CLECCARRIER, grant CLEC CARRIER access to any private easement held by PACIFIC, in a mutually agreeable form of sub-easement, assignment or other appropriate access. PACIFIC's charge for such access shall be a pro rata portion of (a) the charge paid by PACIFIC to the grantor of the easement and (b) any other documented administrative and engineering costs incurred by PACIFIC in obtaining the original easement, both of which shall be determined on a case-by-case basis and calculated by taking into account (i) the size of the area to be used by CLEC CARRIER and (ii) the number of users of PACIFIC's easement. CLEC CARRIER shall also pay the reasonable documented administrative cost incurred by PACIFIC in processing such requests for access.

Access to Private Easements. 4.10.1 11.1. PACIFIC shall not block any third party assignment of ROW to CLECCLC. 4.10.2 11.2. To the extent space is available, PACIFIC shall provide access to ROWs it has obtained from a third party to CLEC CLC on a nondiscriminatory, first-come, first-served basis, provided that any underlying agreement with such third party permits PACIFIC to provide such access, and provided that CLEC CLC agrees to indemnify PACIFIC for any liability arising out of such access or use. 4.10.3 11.3. PACIFIC will, upon request by CLECCLC, grant CLEC CLC access to any private easement held by PACIFIC, in a mutually agreeable form of sub-sub- easement, assignment or other appropriate access. PACIFIC's charge for such access shall be a pro rata portion of (a) the charge paid by PACIFIC to the grantor of the easement and (b) any other documented administrative and engineering costs incurred by PACIFIC in obtaining the original easement, both of which shall be determined on a case-by-case basis and calculated by taking into account (i) the size of the area to be used by CLEC CLC and (ii) the number of users of PACIFIC's easement. CLEC CLC shall also pay the reasonable documented administrative cost incurred by PACIFIC in processing such requests for access.