Common use of Authority to Place Attachments Clause in Contracts

Authority to Place Attachments. 8.1 Before Licensee places any Attachments on GTE's poles pursuant to an approved PAR, Licensee shall submit evidence satisfactory to GTE of its authority to erect and maintain the facilities to be placed on GTE's poles within the public streets, highways and other thoroughfares or on private property. Licensee shall be solely responsible for obtaining all rights-of-way, easements, licenses, authorizations, permits and consents from federal, state and municipal authorities or private property owners that may be required to place Attachments on GTE's poles. In the event Licensee must obtain any additional easements, permits, approvals, licenses and/or authorizations from any governmental authority or private individual or entity in order to utilize GTE's poles under an approved PAR, GTE shall, upon Licensee's request, provide written confirmation of its consent to Licensee's utilization of poles in a particular location in accordance with this Agreement, if needed by Licensee to obtain such additional approvals or authorizations. GTE shall also provide maps or drawings of its facilities' locations to the extent reasonably required by such governmental authority or private individual or entity for purposes of considering or granting Licensee's request to it for authority or approval. 8.2 GTE shall not unreasonably intervene in or attempt to delay the granting of any rights-of-way, easements, licenses, authorizations, permits and consents from federal, state or municipal authorities or private property owners that may be required for Licensee to place its Attachments on GTE's poles. 8.3 If any right-of-way, easement, license, authorization, permit or consent obtained by Licensee is subsequently revoked or denied for any reason, Licensee's permission to attach to GTE's poles shall terminate immediately and Licensee shall promptly remove its Attachments. Should Licensee fail to remove its Attachments within one hundred twenty (120) days of receiving notice to do so from GTE, GTE shall have the option to remove all such Attachments and store them in a public warehouse or elsewhere at the expense of and for the account of Licensee without GTE being deemed guilty of trespass or conversion, and without GTE becoming liable for any loss or damages to Licensee occasioned thereby. All costs incurred by GTE to remove Licensee's Attachments shall be reimbursed to GTE by Licensee upon demand. 8.4 Upon notice from GTE to Licensee that the cessation of the use of any one or more of GTE's poles is necessary for reasons of safety or has been directed by any federal, state or municipal authority, or private property owner, permission to attach to such pole or poles shall terminate immediately and Licensee promptly shall remove its Attachments. Should Licensee fail to remove its Attachments within the time frame provided by the requesting or directing party or one hundred twenty (120) days of receiving notice to do so from GTE, whichever is less, GTE shall have the option to remove all such Attachments and store them in a public warehouse or elsewhere at the expense of and for the account of Licensee without GTE being deemed guilty of trespass or conversion, and without GTE becoming liable for any loss or damages to Licensee occasioned thereby. All costs incurred by GTE to remove Licensee's Attachments shall be reimbursed to GTE by Licensee upon demand by GTE.

Appears in 4 contracts

Samples: Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement (Dti Holdings Inc)

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Authority to Place Attachments. 8.1 10.1 Before Licensee places any Attachments Facility, on GTEVERIZON's poles Poles and/or in VERIZON's Conduit pursuant to an approved PAR/COR, Licensee shall submit evidence satisfactory to GTE VERIZON including but not limited to an affidavit of its authority to erect and maintain the facilities Facilities to be placed on GTEVERIZON's poles Poles and in VERIZON's Conduit within the public streets, highways and other thoroughfares or on private property. Licensee shall be solely responsible for obtaining all rights-of-wayROWs, easements, licenses, authorizations, permits and consents from federal, state and municipal authorities or private property owners that may be required to place Attachments on GTEVERIZON's polesPoles and/or in VERIZON's Conduit. In the event Licensee must obtain any additional easements, permits, approvals, licenses and/or authorizations from any governmental authority or private individual or entity in order to utilize GTEVERIZON's poles Poles or VERIZON's Conduits under an approved PAR/COR, GTE VERIZON shall, upon Licensee's request, provide written confirmation of its consent to Licensee's utilization of poles VERIZON's Poles and/or VERIZON's Conduit in a particular location in accordance with this Agreement, if needed by Licensee to obtain such additional approvals or authorizations. GTE VERIZON shall also provide maps or drawings of its facilities' facilities locations to the extent reasonably required by such governmental authority or private individual or entity for purposes of considering or granting Licensee's request to it for authority or approval. 8.2 GTE shall not unreasonably intervene in or attempt to delay the granting of any rights-of-way, easements, licenses, authorizations, permits and consents from federal, state or municipal authorities or private property owners that may be required for Licensee to place its Attachments on GTE's poles. 8.3 10.2 If any right-of-wayROW, easement, license, authorization, permit or consent obtained by Licensee is subsequently revoked or denied for any reason, Licensee's Licensee shall retain all rights to pursue all appeals before VERIZON revokes permission to attach to GTEits poles or in its conduit. Revocations of permission to attach to VERIZON’s Poles or VERIZON 's poles Conduit will be allowed only after Licensee has exhausted all legal, administrative, and equitable remedies in all state and federal forums. If Licensee does not prevail in its appeals, permission to attach to VERIZON's Poles or VERIZON's Conduit shall terminate immediately and Licensee shall promptly remove its Attachments. Should Licensee fail to remove its Attachments within one hundred twenty sixty (12060) calendar days of receiving notice to do so from GTEVERIZON, GTE VERIZON shall have the option to remove all such Attachments and store them in a public warehouse or elsewhere at the expense of and for the account of Licensee without GTE VERIZON being deemed guilty of trespass or conversion, and without GTE VERIZON becoming liable for any loss or damages to Licensee occasioned thereby. All costs incurred by GTE VERIZON to remove Licensee's Attachments shall be reimbursed to GTE VERIZON by Licensee upon demand. 8.4 10.3 Upon notice from GTE VERIZON to Licensee that the cessation of the use of any one or more of GTEVERIZON's poles Poles or VERIZON's Conduits is necessary for reasons of safety or has been directed by any federal, state or municipal authority, or private property owner, permission to attach to such pole pole(s) or poles conduit(s) shall terminate immediately and Licensee promptly shall remove its Attachments. For safety violations, Licensee shall correct all non-standard conditions within thirty (30) calendar days from receipt of written notice from VERIZON. Should Licensee fail to correct safety violations or remove its Attachments within the time frame provided by the requesting or directing party Party or one hundred twenty sixty (12060) calendar days of receiving notice to do so from GTEVERIZON, whichever is less, GTE VERIZON shall have the option to correct such safety violations or remove all such Attachments and store them in a public warehouse or elsewhere at the expense of and for the account of Licensee without GTE VERIZON being deemed guilty of trespass or conversion, and without GTE VERIZON becoming liable for any loss or damages to Licensee occasioned thereby. All costs incurred by GTE VERIZON to remove Licensee's Attachments shall be reimbursed to GTE VERIZON by Licensee upon demand by GTEVERIZON.

Appears in 1 contract

Samples: Pole Attachment and Conduit Occupancy Licensing Agreement

Authority to Place Attachments. 8.1 Before Licensee places any Attachments on GTE's poles pursuant to an approved PAR, Licensee shall submit evidence satisfactory to GTE including but not limited to an affidavit of its authority to erect and maintain the facilities to be placed on GTE's poles within the public streets, highways and other thoroughfares or on private property. Licensee shall be solely responsible for obtaining all rights-of-wayROWs, easements, licenses, authorizations, permits and consents from federal, state and municipal authorities or private property owners that may be required to place Attachments on GTE's poles. In the event Licensee must obtain any additional easements, permits, approvals, licenses and/or authorizations from any governmental authority or private individual or entity in order to utilize GTE's poles under an approved PAR, GTE shall, upon Licensee's request, provide written confirmation of its consent to Licensee's utilization of poles in a particular location in accordance with this Agreement, if needed by Licensee to obtain such additional approvals or authorizations. GTE shall also provide maps or drawings of its facilities' locations to the extent reasonably required by such governmental authority or private individual or entity for purposes of considering or granting Licensee's request to it for authority or approval. 8.2 GTE shall not unreasonably intervene in or attempt to delay the granting of any rights-of-wayROWs, easements, licenses, authorizations, permits and consents from federal, state or municipal authorities or private property owners that may be required for Licensee to place its Attachments on GTE's poles. 8.3 If any right-of-wayROW, easement, license, authorization, permit or consent obtained by Licensee is subsequently revoked or denied for any reason, Licensee's permission to attach to GTE's poles shall terminate immediately and Licensee shall promptly remove its Attachments. Should Licensee fail to remove its Attachments within one hundred twenty sixty (12060) calendar days of receiving notice to do so from GTE, GTE shall have the option to remove all such Attachments and store them in a public warehouse or elsewhere at the expense of and for the account of Licensee without GTE being deemed guilty of trespass or conversion, and without GTE becoming liable for any loss or damages to Licensee occasioned thereby. All costs incurred by GTE to remove Licensee's Attachments shall be reimbursed to GTE by Licensee upon demand. 8.4 Upon notice from GTE to Licensee that the cessation of the use of any one or more of GTE's poles is necessary for reasons of safety or has been directed by any federal, state or municipal authority, or private property owner, permission to attach to such pole or poles shall terminate immediately and Licensee promptly shall remove its Attachments. Should Licensee fail to remove its Attachments within the time frame provided by the requesting or directing party or one hundred twenty (120) days of receiving notice to do so from GTE, whichever is less, GTE shall have the option to remove all such Attachments and store them in a public warehouse or elsewhere at the expense of and for the account of Licensee without GTE being deemed guilty of trespass or conversion, and without GTE becoming liable for any loss or damages to Licensee occasioned thereby. All costs incurred by GTE to remove Licensee's Attachments shall be reimbursed to GTE by Licensee upon demand by GTE.receiving

Appears in 1 contract

Samples: Interconnection, Resale, and Unbundling Agreement

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Authority to Place Attachments. 8.1 Before Licensee places any Attachments on GTE's poles pursuant to an approved PAR, Licensee shall submit evidence satisfactory to GTE of its authority to erect and maintain the facilities to be placed on GTE's poles within the public streets, highways and other thoroughfares or on private property. Licensee shall be solely responsible for obtaining all rights-of-way, easements, licenses, authorizations, permits and consents from federal, state and municipal authorities or private property owners that may be required to place Attachments on GTE's poles. In the event Licensee must obtain any additional easements, permits, approvals, licenses and/or authorizations from any governmental authority or private individual or entity in order to utilize GTE's poles under an approved PAR, GTE shall, upon Licensee's request, provide written confirmation of its consent to Licensee's utilization of poles in a particular location in accordance with this Agreement, if needed by Licensee to obtain such additional approvals or authorizations. GTE shall also provide maps or drawings of its facilities' locations to the extent reasonably required by such governmental authority or private individual or entity for purposes of considering or granting Licensee's request to it for authority or approval. 8.2 GTE shall not unreasonably intervene in or attempt to delay the granting of any rights-of-way, easements, licenses, authorizations, permits and consents from federal, state or municipal authorities or private property owners that may be required for Licensee to place its Attachments on GTE's poles. 8.3 If any right-of-way, easement, license, authorization, permit or consent obtained by Licensee is subsequently revoked or denied for any reason, Licensee's permission to attach to GTE's poles shall terminate immediately and Licensee shall promptly remove its Attachments. Should Licensee fail to remove its Attachments within one hundred twenty (120) days of receiving notice to do so from GTE, GTE shall have the option to remove all such Attachments and store them in a public warehouse or elsewhere at the expense of and for the account of Licensee without GTE being deemed guilty of trespass or conversion, and without GTE becoming liable for any loss or damages to Licensee occasioned thereby. All costs incurred by GTE to remove Licensee's Attachments shall be reimbursed to GTE by Licensee upon demand. 8.4 Upon notice from GTE to Licensee that the cessation of the use of any one or more of GTE's poles is necessary for reasons of safety or has been directed by any federal, state or municipal authority, or private property owner, permission to attach to such pole or poles shall terminate immediately and Licensee promptly shall remove its Attachments. Should Licensee fail to remove its Attachments within the time frame provided by the requesting or directing party or one hundred twenty (120) days of receiving notice to do so from GTE, whichever is less, GTE shall have the option to remove all such Attachments and store them in a public warehouse or elsewhere at the expense of and for the account of Licensee without GTE being deemed guilty of trespass or conversion, and without GTE becoming liable for any loss or damages to Licensee occasioned thereby. All costs incurred by GTE to remove Licensee's Attachments shall be reimbursed to GTE by Licensee upon demand by GTE.immediately

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement (Dti Holdings Inc)

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