Common use of APPLICABLE LAW AND REQUIREMENTS Clause in Contracts

APPLICABLE LAW AND REQUIREMENTS. (a) The Permittee shall install and maintain the Attachments in conformity with all applicable laws, rules, and regulations of state and federal governments, agencies, and other governmental authorities, including, but not limited to, the rules, regulations, and orders of the CPUC, and in conformity with any safety standards or requirements as may be required or specified by the Company in its sole, good faith discretion, and including obtaining any permits required by an authorized permitting agency under the California Environmental Quality Act. All Company Pole Attachments must adhere to the clearance, separation, wind loading and dead-end tensions and other requirements of G.O. 95 of the CPUC or any successor and standards or requirements as may be specified by the Company. (b) [Intentionally omitted.] (c) The Permittee shall be solely responsible for the Attachments and shall take all necessary precautions during installation, and maintenance on or near the Company Facilities and the Company Right-of-Way so as to protect all persons and the property of the Company and others from injury and damage. Without limiting the foregoing and without assuming any obligation to maintain or monitor the Attachments, if the Company believes that Permittee’s Attachments are in any way endangering any person or property, or are in noncompliance with any requirement referenced in Sections 4.1(a) or (b) above (a “Hazardous Condition”), the Company may, in its sole discretion, take any steps it deems necessary to remedy the Hazardous Condition; in which case Permittee shall be required to reimburse the Company for its actual costs. Notwithstanding the above, the Company shall take reasonable action to notify Permittee of any Hazardous Condition that does not require immediate attention, and where feasible, allow Permittee to correct the Hazardous Condition prior to any corrective action taken by the Company. In addition, if the Company notifies Permittee of any Hazardous Condition, Permittee shall remedy such condition promptly and in no case later than ten (10) days after receipt of such notice.

Appears in 3 contracts

Samples: Overhead Facilities License Agreement, Overhead Facilities License Agreement, Overhead Facilities License Agreement

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APPLICABLE LAW AND REQUIREMENTS. (a) The Permittee shall install and maintain the Attachments in conformity with all applicable laws, rules, and regulations of state and federal governments, agencies, and other governmental authorities, including, but not limited to, the rules, regulations, and orders of the CPUC, and in conformity with any safety standards or requirements as may be required or specified by the Company in its sole, good faith discretion, and including obtaining any permits required by an authorized permitting agency under the California Environmental Quality Act. All Company Pole Attachments must adhere to the clearance, separation, wind loading and dead-end tensions and other requirements of G.O. 95 of the CPUC or any successor and standards or requirements as may be specified by the Company. (b) [Intentionally omitted.] (c) The Permittee shall be solely responsible for the Attachments and shall take all necessary precautions during installation, and maintenance on or near the Company Facilities and the Company Right-of-Way so as to protect all persons and the property of the Company and others from injury and damage. Without limiting the foregoing and without assuming any obligation to maintain or monitor the Attachments, if the Company believes that Permittee’s Attachments are in any way endangering any person or property, or are in noncompliance with any requirement referenced in Sections 4.1(a) or (b) above above (a Hazardous Condition”), the Company may, in its sole discretion, take any steps it deems necessary to remedy the Hazardous Condition; in which case Permittee shall be required to reimburse the Company for its actual costs. Notwithstanding the above, the Company shall take reasonable action to notify Permittee of any Hazardous Condition that does not require immediate attention, and where feasible, allow Permittee to correct the Hazardous Condition prior to any corrective action taken by the Company. In addition, if the Company notifies Permittee of any Hazardous Condition, Permittee shall remedy such condition promptly and in no case later than ten (10) days after receipt of such notice.

Appears in 2 contracts

Samples: Overhead Facilities License Agreement, Overhead Facilities License Agreement

APPLICABLE LAW AND REQUIREMENTS. (a) The 3.1.1 Permittee shall install shall, at its sole expense, install, maintain, operate and maintain keep in good repair the Attachments in conformity with all applicable state and federal laws, including rules, and regulations of state and federal governments, governmental agencies, and other governmental authorities, including, but not limited to, the rules, regulations, and orders of the CPUC, and in conformity with any safety standards or requirements as may be required or specified by the Company in its sole, good faith discretion, and including obtaining any permits required by an authorized permitting agency under the California Environmental Quality Act. All Company Pole Attachments must adhere to the clearance, separation, wind loading and dead-end tensions and other requirements of G.O. 95 of the CPUC or any successor and standards or requirements as may be specified by the Company. (b) [Intentionally omitted.] (c) The 3.1.2 Permittee shall be solely responsible for the Attachments and shall take all necessary precautions during installation, and maintenance on or near the Company Facilities Company’s facilities and the Company RightCompany’s Rights-of-Way so as to protect all persons and the property of the Company and others from injury and damage. Without limiting the foregoing and without assuming any obligation to maintain or monitor the Attachments, if the Company believes that Permittee’s Attachments are in any way endangering any person or property, property or are in noncompliance with any requirement referenced in Sections 4.1(a) or (b) above 3.1.1 (a “Hazardous Condition”), the Company may, in its sole discretion, take any steps it deems necessary to remedy the Hazardous Condition; in which case Permittee shall be required to reimburse the Company for its actual costscosts of doing so. Notwithstanding the above, the Company shall take reasonable action to notify Permittee of any Hazardous Condition that does not require immediate attention, and where feasible, allow Permittee to correct the Hazardous Condition prior to any corrective action taken by the Company. In addition, if the Company notifies Permittee of any Hazardous Condition, Permittee shall remedy such condition promptly and in no case later than ten (10) days after receipt of such notice.

Appears in 1 contract

Samples: Duct, Conduit, and Other Underground Structure Space License Agreement

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APPLICABLE LAW AND REQUIREMENTS. (a) The 3.1.1 Permittee shall install shall, at its sole expense, install, maintain, operate and maintain keep in good repair the Attachments in conformity with all applicable state and federal laws, including rules, and regulations of state and federal governments, governmental agencies, and other governmental authorities, including, but not limited to, the rules, regulations, and orders of the CPUC, and in conformity with any safety standards or requirements as may be required or specified by the Company in its sole, good faith discretion, and including obtaining any permits required by an authorized permitting agency under the California Environmental Quality Act. All Company Pole Attachments must adhere to the clearance, separation, wind loading and dead-end tensions and other requirements of G.O. 95 of the CPUC or any successor and standards or requirements as may be specified by the Company. (b) [Intentionally omitted.] (c) The 3.1.2 Permittee shall be solely responsible for the Attachments and shall take all necessary precautions during installation, and maintenance on or near the Company Facilities Company’s facilities and the Company RightCompany’s Rights-of-Way so as to protect all persons and the property of the Company and others from injury and damage. Without limiting the foregoing and without assuming any obligation to maintain or monitor the Attachments, if the Company believes that Permittee’s Attachments are in any way endangering any person or property, property or are in noncompliance with any requirement referenced in Sections 4.1(a) or (b) above 3.1.1 (a “Hazardous Condition”), the Company may, in its sole discretion, take any steps it deems necessary to remedy the Hazardous Condition; in which case Permittee shall be required to reimburse the Company for its actual costscosts of doing so. Notwithstanding the above, the Company shall take reasonable action to notify Permittee of any Hazardous Condition that does not require immediate attention, and where feasible, allow Permittee to correct the Hazardous Condition prior to any corrective action taken by the Company. In addition, if the Company notifies Permittee of any Hazardous Condition, Permittee shall remedy such condition promptly and in no case later than ten (10) days after receipt of such notice. 3.1.3 The following requirements apply to any access to Company Space and Rights- of-Way: (a) Permittee shall notify the Company not less than 5 business days in advance before entering Company Space to perform non-emergency work operations. Such operations shall be conducted during normal business hours except as otherwise agreed by the Parties. The notice shall state the general nature of the work to be performed. (b) An authorized employee or representative of the Company must be present when Permittee or personnel acting on Permittee’s behalf enter or perform work within the Company’s Space and Company Rights-of-Way.

Appears in 1 contract

Samples: Duct, Conduit, and Other Structure Space License Agreement

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