Attachment Fees. 11.1 Licensee shall pay to GTE an Attachment Fee, as specified in Exhibit hereto, for each GTE pole upon which Licensee obtains authorization to place an Attachment. The Attachment Fee may be increased by GTE from time to time as permitted by law upon sixty (60) days written notice to Licensee. 11.2 Attachments Fees shall become due and payable on the date a PAR is approved by GTE for all GTE poles identified in that PAR on a pro rata basis until the end of the then current year and thereafter on an annual basis within thirty (30) days of the date of a statement from GTE specifying the fees to be paid. Any payment after thirty (30) days shall bear interest at the rate of eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is less. 11.3 GTE shall maintain an inventory of the total number of GTE poles occupied by Licensee based upon the cumulative number of poles specified in all PARs approved by GTE. GTE may, at its option, conduct a physical inventory of Licensee's Attachments under this Section. It shall be Licensee's sole responsibility to notify GTE of any and all removals of Attachments from GTE's poles. Except as provided in Section 18 of this Agreement in connection with the termination of this Agreement, such notice shall be provided to GTE at least thirty (30) days prior to the removal of the Attachments. Each Notice of Removal shall be in a form specified by GTE and may be revised from time to time at GTE's sole discretion. Licensee shall remain liable for Attachment Fees until Licensee's Attachments have been physically removed from GTE's poles.
Appears in 2 contracts
Samples: Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement (Dti Holdings Inc)
Attachment Fees. 11.1
4.1 Licensee shall pay to GTE an Attachment Feeannual per Attachment, as specified per pole fee in the amount shown in Exhibit heretoA, attached hereto and made a part hereof by reference, for each GTE pole upon to which Licensee obtains authorization to place an Attachmenthas one or more Attachments (the “Attachment Fee”). The In addition, Licensee shall pay the Attachment Fee may be increased by GTE from time to time for any pole or overlashing, for which the Make-Ready Construction Work, as permitted by law upon sixty (60) defined in Article 5.3, has been requested and completed unless Licensee notifies the Lewes BPW within 45 days written notice to Licensee.
11.2 Attachments Fees shall become due and payable on the date a PAR is approved by GTE for all GTE poles identified in that PAR on a pro rata basis until the end of completion of the then current year Make-Ready Construction Work that it will not attach. Upon such notification, the Permit Application(s) for the specified Attachment(s) will become void. eighteen
4.2 On or about the first day of each January, the Lewes BPW shall invoice Licensee, in advance, for the Attachment Fees and thereafter on an annual basis other charges due to the Lewes BPW that have not been previously invoiced. Licensee shall pay any invoice within thirty (30) daysone hundred twenty (120) thirty (30) days of receipt thereof. Any unpaid invoice shall be subject to interest accruing on the unpaid amount at ten date of a statement from GTE specifying the fees to be invoice until paid. Any payment after thirty (30) days shall bear interest at the rate of eighteen percent (18%18 10[XX]%) per annum or beginning on the maximum rate allowed by law31st day from the
4.3 Commencing not less than one (1) year following the Effective Date and no more frequently than every five (5) years, whichever is less.
11.3 GTE shall maintain an inventory of Attachments may be made by the total Lewes BPW or the Lewes BPW’s representative at the expense of Licensee. The Lewes BPW agrees that the expense to Licensee shall be the normal market cost for such service and that work done at the same time for the benefit of the Lewes BPW will not be charged to Licensee. The Lewes BPW agrees that the inventory may be performed by a neutral contractor or through a joint field check with Licensee. If the Attachment inventory is made for the benefit of more than one Licensee, then each Licensee shall pay its proportionate share of the Cost, such Cost to be allocated based on the number of GTE poles occupied by Attachments identified in the inventory. Inventory results will be made available to all Licensees included in the inventory.
4.4 The Lewes BPW and Licensee based upon the cumulative number of poles specified shall promptly seek to resolve any invoice or payment dispute made in all PARs approved by GTE. GTE may, at its option, conduct a physical inventory of Licensee's Attachments under this Section. It shall be Licensee's sole responsibility to notify GTE of any good faith and all removals of Attachments from GTE's poles. Except as provided in Section 18 of this Agreement in connection with the termination of this Agreement, such notice shall be provided to GTE at least thirty (30) days prior to the removal of the Attachments. Each Notice of Removal shall be in a form specified by GTE and may be revised reasonable basis that might arise from time to time at GTE's sole discretiontime. Licensee Any dispute claim must be presented within sixty (60) days of the day the alleged error was found. In the event either party determines that there is an error or erroneous charge in the amount billed in any statement rendered by the Lewes BPW to Licensee, the error or erroneous charge shall remain liable for Attachment Fees until Licensee's Attachments have been physically removed from GTE's polesbe adjusted within thirty ninety(3090) sixty (60) days of a final determination of whether an error has occurred and the parties will be made whole accordingly.
Appears in 1 contract
Samples: Pole Attachment License Agreement
Attachment Fees. 11.1 Licensee shall pay to GTE an Attachment Fee, as specified in Exhibit hereto, for each GTE pole upon which Licensee obtains authorization to place an Attachment. The Attachment Fee may be increased by GTE from time to time as permitted by law upon sixty (60) days written notice to Licensee.
11.2 Attachments Fees shall become due and payable on the date a PAR is approved by GTE for all GTE poles identified in that PAR on a pro rata basis until the end of the then current year and thereafter on an annual basis within thirty (30) days of the date of a statement from GTE specifying the fees to be paid. Any payment after thirty (30) days shall bear interest at the rate of eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is less.
11.3 GTE shall maintain an inventory of the total number of GTE poles occupied by Licensee based upon the cumulative number of poles specified in all PARs approved by GTE. GTE may, at its option, conduct a physical inventory of Licensee's Attachments under this Section. It shall be Licensee's sole responsibility to notify GTE of any and all removals of Attachments from GTE's poles. Except as provided in Section 18 of this Agreement in connection with the termination of this Agreement, such notice shall be provided to GTE at least thirty (30) days prior to the removal of the Attachments. Each Notice of Removal shall be in a form specified by GTE and may be revised 165 from time to time at GTE's sole discretion. Licensee shall remain liable for Attachment Fees until Licensee's Attachments have been physically removed from GTE's poles.
Appears in 1 contract
Samples: Interconnection, Resale and Unbundling Agreement (Dti Holdings Inc)
Attachment Fees. 11.1 4.1 Licensee shall pay to GTE an Attachment Feeannual, as specified per pole fee in the amount shown in Exhibit heretoA, attached hereto and made a part hereof by reference, for each GTE pole upon to which Licensee obtains authorization to place an Attachmenthas one or more Attachments (the “Attachment Fee”) commencing on the Certificate of Compliance Certification Date as set forth in the lower portion of Exhibit B-3. The In addition, Licensee shall pay the Attachment Fee may be increased by GTE from time to time for any pole, for which the Make-Ready Construction Work, as permitted by law upon sixty defined in Article 5.3, has been requested and completed unless Licensee notifies the Lewes BPW within forty-five (6045) days written notice to Licenseeof completion of the Make-Ready Construction Work that it will not attach. Upon such notification, the Permit Application(s) for the specified Attachment(s) will become void.
11.2 Attachments 4.2 On or about the first day of each January, the Lewes BPW shall invoice Licensee, in advance, for the Attachment Fees and other charges due to the Lewes BPW that have not been previously invoiced. Licensee shall become due and payable pay any invoice within thirty (30) days of receipt thereof. Any unpaid invoice shall be subject to interest accruing on the unpaid amount at eighteen percent (18%) per annum beginning on the 31st day from the date a PAR is approved by GTE for all GTE poles identified in that PAR on a pro rata basis of invoice until paid. Notwithstanding the end of foregoing, the then current year and thereafter on an annual basis Lewes BPW shall send the first invoice within thirty (30) days of the Certificate of Compliance Certification Date with the Attachment Fees and other charges assessed pro-rata. If Licensee believe in good faith that an invoice is incorrect, it may pay the invoice under protest. To protest an invoice, Licensee must give BPW written notice of the nature of its protest not later than the due date for payment of a statement from GTE specifying the fees to be paid. Any payment after thirty (30) days shall bear interest at the rate invoice together with copies of eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is lessrecords and other documentation supporting its position.
11.3 GTE shall maintain 4.3 Commencing not less than one (1) year following the Effective Date and no more frequently than every five (5) years, an inventory of Attachments may be made by the total Lewes BPW or the Lewes BPW’s representative at the expense of Licensee. The Lewes BPW agrees that the expense to Licensee shall be the normal market cost for such service and that work done at the same time for the benefit of the Lewes BPW will not be charged to Licensee. The Lewes BPW agrees that the inventory may be performed by a neutral contractor or through a joint field check with Licensee. If the Attachment inventory is made for the benefit of more than one Licensee, then each Licensee shall pay its proportionate share of the Cost, such Cost to be allocated based on the number of GTE poles occupied by Attachments identified in the inventory. Inventory results will be made available to all Licensees included in the inventory.
4.4 The Lewes BPW and Licensee based upon the cumulative number of poles specified shall promptly seek to resolve any invoice or payment dispute made in all PARs approved by GTE. GTE may, at its option, conduct a physical inventory of Licensee's Attachments under this Section. It shall be Licensee's sole responsibility to notify GTE of any good faith and all removals of Attachments from GTE's poles. Except as provided in Section 18 of this Agreement in connection with the termination of this Agreement, such notice shall be provided to GTE at least thirty (30) days prior to the removal of the Attachments. Each Notice of Removal shall be in a form specified by GTE and may be revised reasonable basis that might arise from time to time at GTE's sole discretiontime. Licensee Any dispute claim must be presented within sixty (60) days of the day the alleged error was found. In the event either party determines that there is an error or erroneous charge in the amount billed in any statement rendered by the Lewes BPW to Licensee, the error or erroneous charge shall remain liable for Attachment Fees until Licensee's Attachments have been physically removed from GTE's polesbe adjusted within sixty (60) days of a final determination of whether an error has occurred and the parties will be made whole accordingly.
Appears in 1 contract
Samples: Pole Attachment License Agreement
Attachment Fees. 11.1 Licensee shall pay to GTE an Attachment Fee, as specified in Exhibit A hereto, for each GTE pole upon which Licensee obtains authorization to place an Attachment. The Attachment Fee may be increased by GTE from time to time as permitted by law upon sixty (60) days written notice to Licensee.
11.2 Attachments Fees shall become due and payable on the date a PAR is approved by GTE for all GTE poles identified in that PAR on a pro rata basis until the end of the then current year and thereafter on an annual basis within thirty (30) days of the date of a statement from GTE specifying the fees to be paid. Any payment after thirty (30) days shall bear interest at the rate of eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is less.
11.3 GTE shall maintain an inventory of the total number of GTE poles occupied by Licensee based upon the cumulative number of poles specified in all PARs approved by GTE. GTE may, at its option, conduct a physical inventory of Licensee's Attachments under this Section. It shall be Licensee's sole responsibility to notify GTE of any and all removals of Attachments from GTE's poles. Except as provided in Section 18 of this Agreement in connection with the termination of this Agreement, such notice shall be provided to GTE at least thirty (30) days prior to the removal of the Attachments. Each Notice of Removal shall be in a form specified by GTE and may be revised from time to time at GTE's sole discretion. Licensee shall remain liable for Attachment Fees until Licensee's Attachments have been physically removed from GTE's poles.
Appears in 1 contract
Attachment Fees. 11.1 Licensee shall pay to GTE an Attachment Fee, as specified in Exhibit _____ hereto, for each GTE pole upon which Licensee obtains authorization to place an Attachment. The Attachment Fee may be increased by GTE from time to time as permitted by law upon sixty (60) days written notice to Licensee.
11.2 Attachments Fees shall become due and payable on the date a PAR is approved by GTE for all GTE poles identified in that PAR on a pro rata basis until the end of the then current year and thereafter on an annual basis within thirty (30) days of the date of a statement from GTE specifying the fees to be paid. Any payment after thirty (30) days shall bear interest at the rate of eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is less.
11.3 GTE shall maintain an inventory of the total number of GTE poles occupied by Licensee based upon the cumulative number of poles specified in all PARs approved by GTE. GTE may, at its option, conduct a physical inventory of Licensee's Attachments under this Section. It shall be Licensee's sole responsibility to notify GTE of any and all removals of Attachments from GTE's poles. Except as provided in Section 18 of this Agreement in connection with the termination of this Agreement, such notice shall be provided to GTE at least thirty (30) days prior to the removal of the Attachments. Each Notice of Removal shall be in a form specified by GTE and may be revised from time to time at GTE's sole discretion. Licensee shall remain liable for Attachment Fees until Licensee's Attachments have been physically removed from GTE's poles.
Appears in 1 contract
Samples: Interconnection, Resale and Unbundling Agreement (Dti Holdings Inc)
Attachment Fees. 11.1 4.1 Licensee shall pay to GTE an Attachment Feeannual per Attachment, as specified per pole fee in the amount shown in Exhibit heretoA, attached hereto and made a part hereof by reference, for each GTE pole upon to which Licensee obtains authorization to place an Attachmenthas one or more Attachments (the “Attachment Fee”). The In addition, Licensee shall pay the Attachment Fee may be increased by GTE from time to time for any pole or overlashing, for which the Make-Ready Construction Work, as permitted by law upon sixty (60defined in Article 5.3, has been requested and completed unless Licensee notifies the LEWES BPW within 45 days of completion of the Make-Ready Construction Work that it will not attach. Upon such notification, the Permit Application(s) days written notice to Licenseefor the specified Attachment(s) will become void.
11.2 Attachments 4.2 On or about the first day of each January, the LEWES BPW shall invoice Licensee, in advance, for the Attachment Fees and other charges due the LEWES BPW that have not been previously invoiced. Licensee shall become due and payable on the date a PAR is approved by GTE for all GTE poles identified in that PAR on a pro rata basis until the end of the then current year and thereafter on an annual basis pay any invoice within thirty (30) days of receipt thereof. Any unpaid invoice shall be subject to interest accruing on the unpaid amount at (New Castle Charges 12%) per annum beginning on the 31st day from the date of invoice until paid.
4.3 Commencing not less than one (1) year following the Effective Date and no more frequently than every five (5) years, an inventory of Attachments may be made by the LEWES BPW or the LEWES BPW’s representative at the expense of Licensee. The LEWES BPW agrees that the expense to Licensee shall be the normal market cost for such service and that work done at the same time for the benefit of the LEWES BPW will not be charged to Licensee. The LEWES BPW agrees that the inventory may be performed by a statement from GTE specifying neutral contractor or through a joint field check with Licensee. If the fees Attachment inventory is made for the benefit of more than one Licensee, then each Licensee shall pay its proportionate share of the Cost, such Cost to be paidallocated based on the number of Attachments identified in the inventory. Inventory results will be made available to all Licensees included in the inventory.
4.4 The LEWES BPW and Licensee shall promptly seek to resolve any invoice or payment dispute made in good faith and with reasonable basis that might arise from time to time. Any payment after dispute claim must be presented within sixty (60) days of the day the alleged error was found. In the event either party determines that there is an error or erroneous charge in the amount billed in any statement rendered by the LEWES BPW to Licensee, the error or erroneous charge shall be adjusted within thirty (30) days shall bear interest at of a final determination of whether an error has occurred and the rate of eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is lessparties will be made whole accordingly.
11.3 GTE shall maintain an inventory of the total number of GTE poles occupied by Licensee based upon the cumulative number of poles specified in all PARs approved by GTE. GTE may, at its option, conduct a physical inventory of Licensee's Attachments under this Section. It shall be Licensee's sole responsibility to notify GTE of any and all removals of Attachments from GTE's poles. Except as provided in Section 18 of this Agreement in connection with the termination of this Agreement, such notice shall be provided to GTE at least thirty (30) days prior to the removal of the Attachments. Each Notice of Removal shall be in a form specified by GTE and may be revised from time to time at GTE's sole discretion. Licensee shall remain liable for Attachment Fees until Licensee's Attachments have been physically removed from GTE's poles.
Appears in 1 contract
Samples: Pole Attachment License Agreement