Common use of Audits of Existing Attachments Clause in Contracts

Audits of Existing Attachments. Pole Owner may conduct an Audit of Attachments made to its poles no more frequently than once every five (5) years. Pole Owner shall give Licensee at least ninety (90) days prior notice of an initial meeting to plan the next Audit. At such meeting, Pole Owner, Licensee and all other pole attachers in attendance in person or by representative shall participate in, among other things, the selection of an independent contractor for conducting the Audit, as well as the scheduling, scope, extent and reporting of the Audit results. Regardless of whether Licensee attends the Audit planning meeting or expresses an intention to participate in the Audit, Pole Owner shall notify Licensee at least sixty (60) days prior to the commencement of the Audit. Licensee shall advise Pole Owner if Licensee desires to participate in the Audit with Pole Owner not less than thirty (30) days prior to the scheduled date of such Audit. The cost of the Audit shall be included in the rental rate pursuant to the methodology approved by the Commission for such purposes. The data from Audit shall be made available to Licensee and all other attachers on the poles and used to update the Parties’ records. Any Party shall make any objections to the Audit results within ninety (90) days of receipt of the Audit report or such objections are waived.

Audits of Existing Attachments. Pole Owner may conduct an a System Audit of Attachments made to its poles no more frequently than once every five (5) years. Pole Owner shall give Licensee at least ninety (90) days prior notice of an initial meeting to plan the next System Audit. At such meeting, Pole Owner, Licensee and all other pole attachers in attendance in person or by representative shall participate in, among other things, the selection of an independent contractor for conducting the System Audit, as well as the scheduling, scope, extent and reporting of the System Audit results. Regardless of whether Licensee attends the System Audit planning meeting or expresses an intention to participate in the System Audit, Pole Owner shall notify Licensee at least sixty (60) days prior to the commencement of the System Audit. Licensee shall advise Pole Owner if Licensee desires to participate in the System Audit with Pole Owner not less than thirty (30) days prior to the scheduled date of such System Audit. The cost of the System Audit shall be included in the rental rate pursuant to the methodology approved by the Commission for such purposes. The data from the System Audit shall be made available to Licensee and all other attachers on the poles and used to update the Parties’ records. Any Party shall make any objections to the System Audit results within ninety (90) days of receipt of the System Audit report or such objections are waived. Pole Owner may conduct a Special Audit of Licensee’s Attachments upon cause. For purposes of this section, cause shall mean a good faith belief that Licensee has repeatedly violated the standards set forth in Section 3.04 or the application process or any other term of this Agreement. The cost of such Special Audit shall be borne by Licensee if such violations are discovered and not cured or formally disputed within 60 days after written notice from Pole Owner. Violations that are formally disputed shall be resolved in accordance with Section 7.01 of this Agreement.

Audits of Existing Attachments. Pole Owner may conduct an Audit of Attachments made to its poles no more frequently than once every five (5) years. Pole Owner shall give Licensee at least ninety (90) days prior notice of an initial meeting to plan the next Audit. At such meeting, Pole Owner, Licensee and all other pole attachers in attendance in person or by representative shall participate in, among other things, the selection of an independent contractor for conducting the Audit, as well as the scheduling, scope, extent and reporting of the Audit results. Regardless of whether Licensee attends the Audit planning meeting or expresses an intention to participate in the Audit, Pole Owner shall notify Licensee at least sixty (60) days prior to the commencement of the Audit. Licensee shall advise Pole Owner if Licensee desires to participate in the Audit with Pole Owner not less than thirty (30) days prior to the scheduled date of such Audit. The cost of the Audit shall be included borne jointly by Licensee and all other parties having Attachments on poles in the rental rate pursuant audited territory in proportion to the methodology approved number of poles attached to by each pole attacher in relation to the Commission for such purposes. total number of poles bearing Attachments in the audited territory.9 The data from Audit shall be made available to Licensee and all other attachers on the poles and used to update the Parties’ records. Any Party shall make any objections to the Audit results within ninety (90) days of receipt of the Audit report or such objections are waived.. The Parties shall diligently attempt in good faith to resolve any objections within ninety (90) days after any objection, during which time Licensee shall not be obligated to pay any disputed amounts. In the event objections remain unresolved after such 90– day period, either Party may commence dispute resolution pursuant to Section 7.01 below. However, Licensee’s obligation to pay the disputed amounts resulting from the Audit shall resume upon expiration of such 90-day period consistent with Section 5.03 below. Refunds of disputed amounts that are resolved in favor of the disputing Party shall be made within 30 days of such resolution.10

Audits of Existing Attachments. Pole Owner may conduct an Audit of Attachments made to its poles Poles no more frequently than once every five (5) years. Pole Owner shall give Licensee at least ninety (90) days prior notice of an initial meeting to plan the next Audit. At such meeting, Pole Owner, Licensee and all other pole Pole attachers in attendance in person or by representative shall participate in, among other things, the selection of an independent contractor for conducting the Audit, as well as the scheduling, scope, extent and reporting of the Audit results. Regardless of whether Licensee attends the Audit planning meeting or expresses an intention to participate in the Audit, Pole Owner shall notify Licensee at least sixty (60) days prior to the commencement of the Audit. Licensee shall advise Pole Owner if Licensee desires to participate in the Audit with Pole Owner not less than thirty (30) days prior to the scheduled date of such Audit. The cost of the Audit shall be included in the rental rate pursuant to the methodology approved by the Commission for such purposes. The data from Audit shall be made available to Licensee and all other attachers on the poles Poles and used to update the Parties’ records. Any Party shall make any objections to the Audit results within ninety (90) days of receipt of the Audit report or such objections are waived.

Audits of Existing Attachments. ‌ Pole Owner may conduct an Audit of Attachments made to its poles Poles no more frequently than once every five (5) years. Pole Owner shall give Licensee at least ninety (90) days prior notice of an initial meeting to plan the next Audit. At such meeting, Pole Owner, Licensee and all other pole Pole attachers in attendance in person or by representative shall participate in, among other things, review of the predicted costs to perform an audit, the selection of an independent contractor for conducting the Audit, as well as the scheduling, scope, extent and reporting of the Audit results. Regardless of whether Licensee attends the Audit planning meeting or expresses an intention to participate in the Audit, Pole Owner shall notify Licensee at least sixty (60) days prior to the commencement of the Audit. Licensee shall advise Pole Owner if Licensee desires to participate in the Audit with Pole Owner not less than thirty (30) days prior to the scheduled date of such Audit. The cost of the Audit shall be included in the rental rate carrying charge for the Rental Rate pursuant to the methodology approved by the Commission for such purposespurposes (Exhibit A). The data from the Audit shall be made available to Licensee and all other attachers on the poles Poles and used to update the Parties’ records. Any Party shall make any objections to the Audit results within ninety (90) days of receipt of the Audit report or such objections are waived.

Audits of Existing Attachments. Pole Owner may conduct an Audit of Attachments made to its poles polesPoles no more frequently than once every five (5) years. Pole Owner shall give Licensee at least ninety (90) days prior notice of an initial meeting to plan the next Audit. At such meeting, Pole Owner, Licensee and all other pole polePole attachers in attendance in person or by representative shall participate in, among other things, the selection of an independent contractor for conducting the Audit, as well as the scheduling, scope, extent and reporting of the Audit results. Regardless of whether Licensee attends the Audit planning meeting or expresses an intention to participate in the Audit, Pole Owner shall notify Licensee at least sixty (60) days prior to the commencement of the Audit. Licensee shall advise Pole Owner if Licensee desires to participate in the Audit with Pole Owner not less than thirty (30) days prior to the scheduled date of such Audit. The cost of the Audit shall be included in the rental rate pursuant to the methodology approved by the Commission for such purposes. The data from Audit shall be made available to Licensee and all other attachers on the poles polesPoles and used to update the Parties’ records. Any Party shall make any objections to the Audit results within ninety (90) days of receipt of the Audit report or such objections are waived.