Common use of Authority to Place Attachments Clause in Contracts

Authority to Place Attachments. 2.4.1 Before AFS places any Attachment pursuant to an approved Attachment Request, AFS shall submit evidence of its authority to erect and maintain the facilities to be placed on ACS’ facilities within the public streets, highways and other thoroughfares or on private property, where such additional authority is required by law. AFS shall be solely responsible for obtaining all necessary licenses, authorizations, permits, and consents from federal, state and municipal authorities that may be required to place Attachments on ACS’ facilities. 2.4.2 ACS shall not unreasonably intervene against or attempt to delay the granting of any necessary licenses, authorizations, permits or consents from federal, state and municipal authorities or private property owners that may be required for AFS to place its Attachments on or in any poles, ducts, conduits, or other ROW that ACS owns or controls. 2.4.3 If any license, authorization, permit or consent obtained by AFS is subsequently revoked or denied for any reason, permission to attach to ACS’ facilities shall terminate immediately and AFS shall remove its Attachments (if any) within one hundred twenty (120) calendar days. AFS may, at its option, litigate or appeal any such revocation or denial and if AFS is diligently pursuing such litigation or appeal, AFS may continue to maintain its Attachment. In doing so, AFS agrees to defend and indemnify ACS from and against any and all costs resulting from AFS’ continuation of the Attachment that is the subject of such litigation or appeal.

Authority to Place Attachments. 2.4.1 Before AFS TALE) places any Attachment pursuant to an approved Attachment Request, AFS TALE) shall submit evidence of its authority to erect and maintain the facilities to be placed on ACS’ facilities within the public streets, highways and other thoroughfares or on private property, where such additional authority is required by law. AFS TALD shall be solely responsible for obtaining all necessary licenses, authorizations, permits, and consents from federal, state and municipal authorities that may be required to place Attachments on ACS’ facilities. 2.4.2 ACS shall not unreasonably intervene against or attempt to delay the granting of any necessary licenses, authorizations, permits or consents from federal, state and municipal authorities or private property owners that may be required for AFS TALE) to place its Attachments on or in any poles, ducts, conduits, or other ROW that ACS owns or controls. 2.4.3 If any license, authorization, permit or consent obtained by AFS TALE) is subsequently revoked or denied for any reason, permission to attach to ACS’ facilities shall terminate immediately and AFS TALE) shall remove its Attachments (if any) within one hundred twenty (120) calendar days. AFS TALE) may, at its option, litigate or appeal any such revocation or denial and if AFS TALE) is diligently pursuing such litigation or appeal, AFS TALE) may continue to maintain its Attachment. In doing so, AFS TALE) agrees to defend and indemnify ACS from and against any and all costs resulting from AFS’ TALE)’s continuation of the Attachment that is the subject of such litigation or appeal.