Common use of Audits of Existing Attachments Clause in Contracts

Audits of Existing Attachments. Pole Owner may conduct 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 CenturyLink may conduct a System Audit of Attachments made to its poles no more frequently than once every five (5) years. Pole Owner CenturyLink shall give Licensee at least ninety (90) days prior notice of an initial meeting to plan the next System Audit. At such meeting, Pole OwnerCenturyLink, 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 CenturyLink shall notify Licensee at least sixty (60) days prior to the commencement of the System Audit. Licensee shall advise Pole Owner CenturyLink if Licensee desires to participate in the System Audit with Pole Owner CenturyLink 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 Licensee 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 CenturyLink 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 OwnerCenturyLink. Violations that are formally disputed shall be resolved in accordance with Section 7.01 of this Agreement.

Audits of Existing Attachments. Pole Owner OwnerCenturyLink may conduct a System Audit of Attachments made to its poles no more frequently than once every five (5) years. Pole Owner OwnerCenturyLink shall give Licensee at least ninety (90) days prior notice of an initial meeting to plan the next System Audit. At such meeting, Pole OwnerOwnerCenturyLink, 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 OwnerCenturyLink shall notify Licensee at least sixty (60) days prior to the commencement of the System Audit. Licensee shall advise Pole Owner OwnerCenturyLink if Licensee desires to participate in the System Audit with Pole Owner OwnerCenturyLink 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 PartyLicensee 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 OwnerCenturyLink 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 OwnerOwnerCenturyLink. Violations that are formally disputed shall be resolved in accordance with Section 7.01 of this Agreement.