Common use of CONSTRUCTION AND MAINTENANCE OF FACILITIES Clause in Contracts

CONSTRUCTION AND MAINTENANCE OF FACILITIES. Licensee shall notify the Licensor on a daily basis the location where attachments are being made. Licensor retains the right to make inspections of the Licensee's attachments while work is in progress. All anchors and guys shall be in place and all attachments shall be made in accordance with the specifications before Licensee’s attachments can render service. Licensee shall, at its own expense, make and maintain its pole attachments in a safe condition and in thorough repair and in a manner acceptable to Licensor and so as not to conflict with these of said poles by Licensor or by other authorized users of said poles or to interfere with other facilities thereon or which may from time to time be placed thereon. All tree trimming required on account of the facilities of the Licensee shall be done by the Licensee at its sole cost and expense in a manner satisfactory to the Licensor and the owner of the trees. The Licensee shall inspect its attachments at reasonable intervals and shall maintain the same in good order and repair. The Licensee shall label its facilities and maintain such labels (wires or pole attachment devices) at intervals not exceeding 1,000 ft. and at all intersections. Identification shall include, as a minimum, the name and telephone number of the Licensee and be fully visible from ground level. Licensee shall, at its expense, upon fifteen (15) days' notice from Licensor relocate or replace its facilities placed on Licensor's poles or transfer them to substituted poles or perform any other work in connection with said facilities that may be required by Licensor or Joint Users provided, however, that in cases of emergency, Licensor or Joint Users may arrange to relocate or replace the attachments placed on said poles by Licensee, transfer them to substituted poles, or perform any work in connection with said facilities that may be required in the maintenance, replacement, removal, or relocation of said poles or of the facilities thereon or which may be placed thereon, or for the service needs of Licensor or Joint Users, and Licensee shall reimburse Licensor and Joint Users for the cost thereby incurred. Licensee shall not make any additions to, or changes in, the locations of its attachments on the poles covered by the agreement without the written consent or instruction of the Licensor. Attachments of Licensee to poles of Licensor as mentioned herein shall be understood to include attachments of Licensee in space reserved for Licensor or space which Licensor has the right to use on poles of other companies with which Licensor now has or may hereafter have agreements for joint use and occupancy; and the use of such space by Licensee shall be subject to the terms and conditions of the agreements between Licensor and said other companies. The Licensor retains the right to recover any Licensor reserve space that has been occupied by the Licensee. All Costs associated with the relocation of the Licensee to a new point of attachment, and all Cost associated with the Licensor establishing a new point of attachment shall be the total responsibility of the Licensee. Additional Physical Make-Ready Work Cost stemming from the activities of third parties other than Joint Users is not the responsibility of Licensee but is to be borne by such third party. When additional Physical Make-Ready Work is required as a result of circumstances beyond anyone's control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. Licensor does not make any representation or warranty as to the present or future strength, condition, or state of repair of any poles, wires, or apparatus. Licensee shall by test or observation determine that poles are safe to climb. If the integrity of any pole is in question or is marked by Licensor as unsafe, Licensee shall confirm said condition with Licensor and refrain from ascending the pole. Should the Licensee objectively decide to ascend a questionable pole, Licensee shall assume all risk of loss to any person(s) who may be injured (including injuries resulting in death) or any property that may be damaged as a result of that action. Licensee shall exercise special precautions to avoid damaging the cables, equipment, and facilities of Licensor, of Joint Users, and of others occupying Licensor's poles; and Licensee hereby assumes all responsibility for any and all loss for such damage. Licensee shall make an immediate report to Licensor of the occurrence of any such damage and hereby agrees to reimburse the respective owners for the expense incurred in making repairs or replacements. The Licensee shall commence the installation of all distribution pole attachments within thirty (30) days of the date that said distribution pole(s) are released to the Licensee by the Licensor, unless otherwise approved by the Licensor. After such time, the Licensor reserves its right to reallocate such pole space.

CONSTRUCTION AND MAINTENANCE OF FACILITIES. (a) Licensee shall notify the Licensor on a daily basis the location where attachments are being made. Licensor retains the right to make inspections of the Licensee's attachments while work is in progress. All anchors and guys shall be in place and all attachments shall be made in accordance with the specifications before Licensee’s Licensee attachments can render service. . (b) Licensee shall, at its own expense, make and maintain its pole attachments in a safe condition and in thorough repair and in a manner acceptable to Licensor and so as not to conflict with these of said poles by Licensor or by other authorized users of said poles or to interfere with other facilities thereon or which may from time to time be placed thereon. All tree trimming required on account of the facilities of the Licensee shall be done by the Licensee licensee at its sole cost and expense in a manner satisfactory to the Licensor and the owner of the trees. . (c) The Licensee shall inspect its their attachments at reasonable intervals and shall maintain the same in good order and repair. The Licensee shall label its their facilities and maintain such labels (wires or pole attachment devices) at intervals not exceeding 1,000 ft. and at all intersections. Identification shall include, as a minimum, the name and telephone number of the Licensee and be fully visible from ground level. . (d) Licensee shall, at its expense, upon fifteen (15) days' notice from Licensor relocate or replace its facilities placed on Licensor's poles or transfer them to substituted poles or perform any other work in connection with said facilities that may be required by Licensor or Joint Users provided, however, that in cases of emergency, Licensor or Joint Users may arrange to relocate or replace the attachments placed on said poles by Licensee, transfer them to substituted poles, or perform any work in connection with said facilities that may be required in the maintenance, replacement, removal, or relocation of said poles or of the facilities thereon or which may be placed thereon, or for the service needs of Licensor or Joint Users, and Licensee shall reimburse Licensor and Joint Users for the cost thereby incurred. Licensee shall not make any additions to, or changes in, the locations of its attachments on the poles covered by the agreement without the written consent or instruction of the Licensor. Attachments of Licensee to poles of Licensor as mentioned herein shall be understood to include attachments of Licensee in space reserved for Licensor or space which Licensor has the right to use on poles of other companies with which Licensor now has or may hereafter have agreements for joint use and occupancy; and the use of such space by Licensee shall be subject to the terms and conditions of the agreements between Licensor and said other companies. The Licensor retains the right to recover any Licensor reserve space that has been occupied by the Licensee. All Costs costs associated with the relocation of the Licensee to a new point of attachment, and all Cost associated with the Licensor establishing a new point of attachment shall be the total responsibility of the Licensee. (e) Additional make-ready necessitated by changes in the service needs of Licensor or a Joint User will be billable to Licensee only after two (2) years have elapsed since the date of initial attachment, and only when necessitated by the presence of Licensee equipment. Additional Physical Make-Ready Work Cost stemming from the activities of third parties other than Joint Users is not the responsibility of Licensee but is to be borne by such third party. When additional Physical Make-Ready Work is required as a result of circumstances beyond anyone's control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. facilities and for the additional costs incurred by Licensor or a Joint User solely resulting from the existence of Licensee's attachments, if any. (f) Licensor does not make any representation or of warranty as to the present or future strength, condition, or state of repair of any poles, wires, or apparatus. Licensee shall by test or observation determine that poles are safe to climb. If the integrity of any pole is in question or is marked by Licensor as unsafe, Licensee shall confirm said condition with Licensor and refrain from ascending the pole. Should the Licensee objectively decide to ascend a questionable pole, Licensee shall assume all risk of loss to any person(s) who may be injured (including injuries resulting in death) or any property that may be damaged as a result of that action. . (g) Licensee shall exercise special precautions to avoid damaging the cables, equipment, and facilities of Licensor, of Joint Users, and of others occupying Licensor's poles; and Licensee hereby assumes all responsibility for any and all loss for such damage. Licensee shall make an immediate report to Licensor of the occurrence of any such damage and hereby agrees to reimburse the respective owners for the expense incurred in making repairs or replacements. . (h) The Licensee shall commence the installation of make all requested distribution pole attachments within thirty ninety (3090) days of the date that said distribution pole(s) are released to the Licensee by the Licensor, unless otherwise approved by the Licensor. After such time, the Licensor reserves its right to reallocate such pole space.

CONSTRUCTION AND MAINTENANCE OF FACILITIES. Licensee shall notify the Licensor on a daily basis the location where attachments are being made. Licensor retains the right to make inspections of the Licensee's attachments while work is in progress. All anchors and guys shall be in place and all attachments shall be made in accordance with the specifications before Licensee’s attachments can render service. Licensee shall, at its own expense, make and maintain its pole attachments in a safe condition and in thorough repair and in a manner acceptable to Licensor and so as not to conflict with these of said poles by Licensor or by other authorized users of said poles or to interfere with other facilities thereon or which may from time to time be placed thereon. All tree trimming required on account of the facilities of the Licensee shall be done by the Licensee at its sole cost and expense in a manner satisfactory to the Licensor and the owner of the trees. The Licensee shall inspect its attachments at reasonable intervals and shall maintain the same in good order and repair. The Licensee shall label its facilities and maintain such labels (wires or pole attachment devices) at intervals not exceeding 1,000 ft. and at all intersections. Identification shall include, as a minimum, the name and telephone number of the Licensee and be fully visible from ground level. Licensee shall, at its expense, upon fifteen (15) days' notice from Licensor relocate or replace its facilities placed on Licensor's poles or transfer them to substituted poles or perform any other work in connection with said facilities that may be required by Licensor or Joint Users provided, however, that in cases of emergency, Licensor or Joint Users may arrange to relocate or replace the attachments placed on said poles by Licensee, transfer them to substituted poles, or perform any work in connection with said facilities that may be required in the maintenance, replacement, removal, or relocation of said poles or of the facilities thereon or which may be placed thereon, or for the service needs of Licensor or Joint Users, and Licensee shall reimburse Licensor and Joint Users for the cost thereby incurred. Licensee shall not make any additions to, or changes in, the locations of its attachments on the poles covered by the agreement without the written consent or instruction of the Licensor. Attachments of Licensee to poles of Licensor as mentioned herein shall be understood to include attachments of Licensee in space reserved for Licensor or space which Licensor has the right to use on poles of other companies with which Licensor now has or may hereafter have agreements for joint use and occupancy; and the use of such space by Licensee shall be subject to the terms and conditions of the agreements between Licensor and said other companies. The Licensor retains the right to recover any Licensor reserve space that has been occupied by the Licensee. All Costs associated with the relocation of the Licensee to a new point of attachment, and all Cost associated with the Licensor establishing a new point of attachment shall be the total responsibility of the Licensee. Additional make-ready necessitated by changes in the service needs of Licensor or a Joint User will be billable to Licensee only after two (2) years have elapsed since the date of initial attachment, and only when necessitated by the presence of Licensee equipment. Additional Physical Make-Ready Work Cost stemming from the activities of third parties other than Joint Users is not the responsibility of Licensee but is to be borne by such third party. When additional Physical Make-Ready Work is required as a result of circumstances beyond anyone's control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilitiesfacilities and for the additional costs incurred by Licensor or a Joint User solely resulting from the existence of Licensee's attachments, if any. Licensor does not make any representation or warranty as to the present or future strength, condition, or state of repair of any poles, wires, or apparatus. Licensee shall by test or observation determine that poles are safe to climb. If the integrity of any pole is in question or is marked by Licensor as unsafe, Licensee shall confirm said condition with Licensor and refrain from ascending the pole. Should the Licensee objectively decide to ascend a questionable pole, Licensee shall assume all risk of loss to any person(s) who may be injured (including injuries resulting in death) or any property that may be damaged as a result of that action. Licensee shall exercise special precautions to avoid damaging the cables, equipment, and facilities of Licensor, of Joint Users, and of others occupying Licensor's poles; and Licensee hereby assumes all responsibility for any and all loss for such damage. Licensee shall make an immediate report to Licensor of the occurrence of any such damage and hereby agrees to reimburse the respective owners for the expense incurred in making repairs or replacements. The Licensee shall commence the installation of make all requested distribution pole attachments within thirty ninety (3090) days of the date that said distribution pole(s) are released to the Licensee by the Licensor, unless otherwise approved by the Licensor. After such time, the Licensor reserves its right to reallocate such pole space.

CONSTRUCTION AND MAINTENANCE OF FACILITIES. Licensee shall notify 6.1 CenturyLink retains the Licensor right, in its sole judgment, to determine the availability of space on Poles/Innerduct. When modifications to a daily basis CenturyLink spare conduit include the location where attachments are being made. Licensor placement of innerduct, CenturyLink retains the right to make inspections install the number of innerducts required to occupy the conduit structure to its full capacity. In the event CenturyLink determines that rearrangement of the Licensee's attachments while work existing facilities on Poles/Innerduct is required before WSP’s Facilities can be accommodated, the cost of such modification will be included in progress. All anchors and guys the WSP’s nonrecurring charges for the associated Poles/Innerduct Order. 6.2 WSP shall be solely responsible for obtaining the necessary underlying legal authority to occupy Poles/Innerduct on governmental, federal, Native American, and private rights of way, as applicable, and CenturyLink does not warrant or represent that providing WSP with access to the Poles/Innerduct in place any way constitutes such legal right. The WSP shall obtain any necessary permits, licenses, bonds, or other legal authority and permission, at the WSP’s sole expense, in order to perform its obligations under this Agreement. The WSP shall contact all attachments owners of public and private rights-of-way, as necessary, to obtain written permission required to perform the work prior to entering the property or starting any work thereon and shall provide CenturyLink with written documentation of such legal authority prior to placement of its facilities on or in the Poles/Innerduct. The WSP shall comply with all conditions of rights-of-way and Orders. 6.3 WSP’s Facilities shall be made placed and maintained in accordance with the requirements and specifications before Licensee’s attachments can render service. Licensee shall, at its own expense, make and maintain its pole attachments in a safe condition and in thorough repair and in a manner acceptable to Licensor and so as not to conflict with these of said poles by Licensor or by other authorized users of said poles or to interfere with other facilities thereon or which may from time to time be placed thereon. All tree trimming required on account of the facilities current applicable standards of Bellcore Manual of Construction Standards, the National Electrical Code, the National Electrical Safety Code, and the rules and regulations of the Licensee Occupational Safety and Health Act, all of which are incorporated herein by reference, and any governing authority having jurisdiction of the subject matter of this Agreement. Where a difference in specifications exists, the more stringent shall apply. Failure to maintain Facilities in accordance with the above requirements shall be done by Cause as referenced in Section 3 to this Agreement for termination of the Licensee at its sole cost and expense Order in a manner satisfactory question. Termination of more than two (2) Orders in any twelve-month period pursuant to the Licensor and the owner of the trees. The Licensee shall inspect its attachments at reasonable intervals and shall maintain the same in good order and repair. The Licensee shall label its facilities and maintain such labels (wires or pole attachment devices) at intervals not exceeding 1,000 ft. and at all intersections. Identification shall include, as a minimum, the name and telephone number of the Licensee and be fully visible from ground level. Licensee shall, at its expense, upon fifteen (15) days' notice from Licensor relocate or replace its facilities placed on Licensor's poles or transfer them to substituted poles or perform any other work in connection with said facilities that may be required by Licensor or Joint Users provided, however, that in cases of emergency, Licensor or Joint Users may arrange to relocate or replace the attachments placed on said poles by Licensee, transfer them to substituted poles, or perform any work in connection with said facilities that may be required in the maintenance, replacement, removal, or relocation of said poles or of the facilities thereon or which may be placed thereon, or for the service needs of Licensor or Joint Users, and Licensee shall reimburse Licensor and Joint Users for the cost thereby incurred. Licensee shall not make any additions to, or changes in, the locations of its attachments on the poles covered by the agreement without the written consent or instruction of the Licensor. Attachments of Licensee to poles of Licensor as mentioned herein foregoing sentence shall be understood to include attachments Cause as referenced in Section 3 for termination of Licensee in space reserved for Licensor or space which Licensor has the right to use on poles of other companies with which Licensor now has or may hereafter have agreements for joint use and occupancy; and the use of such space by Licensee this Agreement. CenturyLink’s procedures governing its standard maintenance practices shall be subject to made available upon request for public inspection at the terms and conditions of the agreements between Licensor and said other companiesappropriate CenturyLink premises. The Licensor retains the right to recover any Licensor reserve space that has been occupied by the Licensee. All Costs associated with the relocation of the Licensee to a new point of attachment, and all Cost associated with the Licensor establishing a new point of attachment WSP’s procedures governing its standards maintenance practices for Facilities shall be the total responsibility of the Licenseemade available to CenturyLink upon written request. Additional Physical Make-Ready Work Cost stemming from the activities of third parties other than Joint Users is not the responsibility of Licensee but is to be borne by such third party. When additional Physical Make-Ready Work is required as a result of circumstances beyond anyone's control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. Licensor does not make any representation or warranty as to the present or future strength, condition, or state of repair of any poles, wires, or apparatus. Licensee WSP shall by test or observation determine that poles are safe to climb. If the integrity of any pole is in question or is marked by Licensor as unsafe, Licensee shall confirm said condition with Licensor and refrain from ascending the pole. Should the Licensee objectively decide to ascend a questionable pole, Licensee shall assume all risk of loss to any person(s) who may be injured (including injuries resulting in death) or any property that may be damaged as a result of that action. Licensee shall exercise special precautions to avoid damaging the cables, equipment, and facilities of Licensor, of Joint Users, and of others occupying Licensor's poles; and Licensee hereby assumes all responsibility for any and all loss for such damage. Licensee shall make an immediate report to Licensor of the occurrence of any such damage and hereby agrees to reimburse the respective owners for the expense incurred in making repairs or replacements. The Licensee shall commence the installation of all distribution pole attachments within thirty (30) days of comply and provide the date that said distribution pole(s) are released requested information to the Licensee by the Licensor, unless otherwise approved by the Licensor. After such time, the Licensor reserves its right CenturyLink to reallocate such pole spacebring their facilities into compliance with these terms and conditions.

CONSTRUCTION AND MAINTENANCE OF FACILITIES. Licensee shall notify the Licensor on a daily basis the location where attachments are being made. Licensor retains the right to make inspections of the Licensee's attachments while work is in progress. All anchors and guys shall be in place and all attachments shall be made in accordance with the specifications before Licensee’s attachments can render service. Licensee shall, at its own expense, make and maintain its pole attachments in a safe condition and in thorough repair and in a manner acceptable to Licensor and so as not to conflict with these of said poles by Licensor or by other authorized users of said poles or to interfere with other facilities thereon or which may from time to time be placed thereon. All tree trimming required on account of the facilities of the Licensee shall be done by the Licensee at its sole cost and expense in a manner satisfactory to the Licensor and the owner of the trees. The Licensee shall inspect its attachments at reasonable intervals and shall maintain the same in good order and repair. The Licensee shall label its facilities and maintain such labels (wires or pole attachment devices) at intervals not exceeding 1,000 ft. and at all intersections. Identification shall include, as a minimum, the name and telephone number of the Licensee and be fully visible from ground level. Licensee shall register with and use the state-wide transfer notification system (New York currently uses the National Joint Utilities Notifications System (NJUNS)). Attachment requests will not be processed unless the Licensee is a registered user and updates the transfer notification system. Licensee shall, at its expense, upon fifteen (15) days' notice from Licensor relocate or replace its facilities placed on Licensor's poles or transfer them to substituted poles or perform any other work in connection with said facilities that may be required by Licensor or Joint Users provided, however, that in cases of emergency, Licensor or Joint Users may arrange to relocate or replace the attachments placed on said poles by Licensee, transfer them to substituted poles, or perform any work in connection with said facilities that may be required in the maintenance, replacement, removal, or relocation of said poles or of the facilities thereon or which may be placed thereon, or for the service needs of Licensor or Joint Users, and Licensee shall reimburse Licensor and Joint Users for the cost thereby incurred. Licensee shall not make any additions to, or changes in, the locations of its attachments on the poles covered by the agreement without the written consent or instruction of the Licensor. Attachments of Licensee to poles of Licensor as mentioned herein shall be understood to include attachments of Licensee in space reserved for Licensor or space which Licensor has the right to use on poles of other companies with which Licensor now has or may hereafter have agreements for joint use and occupancy; and the use of such space by Licensee shall be subject to the terms and conditions of the agreements between Licensor and said other companies. The Licensor retains the right to recover any Licensor reserve space that has been occupied by the Licensee. All Costs associated with the relocation of the Licensee to a new point of attachment, and all Cost associated with the Licensor establishing a new point of attachment shall be the total responsibility of the Licensee. Additional Physical Make-Ready Work Cost stemming from the activities of third parties other than Joint Users is not the responsibility of Licensee but is to be borne by such third party. When additional Physical Make-Ready Work is required as a result of circumstances beyond anyone's control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. Licensor does not make any representation or warranty as to the present or future strength, condition, or state of repair of any poles, wires, or apparatus. Licensee shall by test or observation determine that poles are safe to climb. If the integrity of any pole is in question or is marked by Licensor as unsafe, Licensee shall confirm said condition with Licensor and refrain from ascending the pole. Should the Licensee objectively decide to ascend a questionable pole, Licensee shall assume all risk of loss to any person(s) who may be injured (including injuries resulting in death) or any property that may be damaged as a result of that action. Licensee shall exercise special precautions to avoid damaging the cables, equipment, and facilities of Licensor, of Joint Users, and of others occupying Licensor's poles; and Licensee hereby assumes all responsibility for any and all loss for such damage. Licensee shall make an immediate report to Licensor of the occurrence of any such damage and hereby agrees to reimburse the respective owners for the expense incurred in making repairs or replacements. The Licensee shall commence the installation of all distribution pole attachments within thirty (30) days of the date that said distribution pole(s) are released to the Licensee by the Licensor, unless otherwise approved by the Licensor. After such time, the Licensor reserves its right to reallocate such pole space.