Common use of Access to Rights-of-Way Generally Clause in Contracts

Access to Rights-of-Way Generally. At locations where SBC-13STATE has access to third-party property pursuant to non-exclusive rights-of-way, SBC-13STATE shall not interfere with Attaching Party’s negotiations with third-party property owners for similar access or with Attaching Party’s access to such property pursuant to easements or other rights-of-ways obtained by Attaching Party from the property owner. At locations where SBC-13STATE has obtained exclusive rights-of-way from third-party property owners or otherwise controls the right-of-way, SBC-13STATE shall, to the extent space is available, and subject to reasonable safety, reliability, and engineering conditions, provide access to Attaching Party on a nondiscriminatory basis, provided that the underlying agreement with the property owner permits SBC- 13STATE to provide such access, and provided further that SBC-13STATE’s charges for such access shall include Attaching Party’s pro rata portion of the charges, if any, paid by SBC-13STATE to obtain the right- of-way, plus any other documented legal, administrative, and engineering costs incurred by SBC-13STATE in obtaining the right-of-way and processing Attaching Party’s request for access.

Access to Rights-of-Way Generally. At locations where SBC-13STATE has access to third-party property pursuant to non-exclusive rights-of-way, SBC-13STATE shall not interfere with Attaching Party’s negotiations with third-party property owners for similar access or with Attaching Party’s access to such property pursuant to easements or other rights-of-of- ways obtained by Attaching Party from the property owner. At locations where SBC-13STATE has obtained exclusive rights-of-way from third-third- party property owners or otherwise controls the right-of-way, SBC-13STATE SBC- 13STATE shall, to the extent space is available, and subject to reasonable safety, reliability, and engineering conditions, provide access to Attaching Party on a nondiscriminatory basis, provided that the underlying agreement with the property owner permits SBC- 13STATE SBC-13STATE to provide such access, and provided further that SBC-13STATE’s charges for such access shall include Attaching Party’s pro rata portion of the charges, if any, paid by SBC-13STATE to obtain the right- right-of-way, plus any other documented legal, administrative, and engineering costs incurred by SBC-13STATE SBC- 13STATE in obtaining the right-of-way and processing Attaching Party’s request for access.