Common use of Control of Premises Clause in Contracts

Control of Premises. Applicant acknowledges that its employees and other persons acting on Applicant’s behalf, and employees of joint users and other persons acting on behalf of joint users, will be present, without supervision or control by SWBT, and in many cases without SWBT’s knowledge, on, within, and in the vicinity of SWBT’s poles, ducts, conduits, and rights-of-way. During those times when Applicant’s employees and personnel are present at such sites, Applicant shall be deemed, for the purpose of allocating liabilities between the parties, to be an independent contractor in control of the premises except as otherwise provided in this section. Although SWBT inspectors may be present at the site of work being performed by Applicant or persons acting on Applicant’s behalf, such inspectors shall have no authority to direct Applicant or personnel acting on Applicant’s behalf concerning the method or manner by which the work is to be performed, and the presence of a SWBT inspector shall not result in SWBT’s being deemed to be in control of the premises. When both parties are present and performing work operations at a site subject to this section, SWBT and Applicant shall be deemed to be jointly in control of the premises. When poles, ducts, conduits, or rights-of-way occupy property owned by third parties, neither party shall be deemed to be in control of the premises, except as otherwise provided by law, at times when such party’s work operations are not in progress. Work operations shall be considered to be in progress from the time work commences until such work is completed whether or not employees of a party or persons acting on such party’s behalf are actually present at the site.

Control of Premises. Applicant acknowledges that its employees and other persons acting on Applicant’s 's behalf, and employees of joint users and other persons acting on behalf of joint users, will be present, without supervision or control by SWBT, and in many cases without SWBT’s 's knowledge, on, within, and in the vicinity of 252 SWBT’s 's poles, ducts, conduits, and rights-of-way. During those times when Applicant’s 's employees and personnel are present at such sites, Applicant shall be deemed, for the purpose of allocating liabilities between the parties, to be an independent contractor in control of the premises except as otherwise provided in this section. Although SWBT inspectors may be present at the site of work being performed by Applicant or persons acting on Applicant’s 's behalf, such inspectors shall have no authority to direct Applicant or personnel acting on Applicant’s 's behalf concerning the method or manner by which the work is to be performed, and the presence of a SWBT inspector shall not result in SWBT’s 's being deemed to be in control of the premises. When both parties are present and performing work operations at a site subject to this section, SWBT and Applicant shall be deemed to be jointly in control of the premises. When poles, ducts, conduits, or rights-of-way occupy property owned by third parties, neither party shall be deemed to be in control of the premises, except as otherwise provided by law, at times when such party’s 's work operations are not in progress. Work operations shall be considered to be in progress from the time work commences until such work is completed whether or not employees of a party or persons acting on such party’s 's behalf are actually present at the site.