Common use of Applicant’s Response Clause in Contracts

Applicant’s Response. Within 60 days after receiving a notice under Section 17.05 of this Agreement, Applicant shall acknowledge receipt of the notice and submit to SWBT, in writing, either: (a) a denial or disclaimer of ownership or other interest in the facilities, together with an explanation of the factual and claimed legal basis for such denial or disclaimer; (b) a statement that the facilities are the subject of a current license, together with an explanation of the factual and claimed legal basis for Applicant’s assertion that the facilities are currently licensed, or a statement that no license is required, and an explanation of the factual and claimed legal basis for that assertion; or (c) an application for a new or amended license with respect to such facilities, together with a full and complete explanation of the circumstances under which such facilities were attached to, placed within, or allowed to remain on or in SWBT’s poles or any part of SWBT’s conduit system. Such explanation shall include, at a minimum, the following: (1) the date (or estimated date) when such facilities were attached to SWBT’s poles or placed in SWBT’s conduit system, and the factual basis supporting Applicant’s selection of such date (or estimated date); and (2) the factual basis for Applicant’s assertion, if any, that decisions to attach, place or allow the facilities to remain on or in SWBT’s poles or conduit system were made in good faith and without intent to circumvent SWBT’s pole attachment or conduit occupancy licensing requirements.