Common use of Damage to New Poles Clause in Contracts

Damage to New Poles. If a new Pole falls or is damaged such that there is an imminent threat of harm to persons or property, then the city may cause the New Pole to be removed to the side of the street or a location that City believes reasonably eliminates the right of such imminent threat or harm to persons or property. KsFiberNet shall, after written notice from the City that any New Pole has been damaged or removed, cause the New Pole to be repaired or replaced within thirty (3) days after the City’s written notice. The cost to repair and/or replace any New Pole, including the replacement City streetlight, bulb and ancillary equipment shall be paid by KsFiberNet; provided, however, that if the new Pole is damaged or destroyed by the City or a third party user that the City has given the right to use the New Pole, then the City and/or its third party user shall pay the cost to repair and/or replace the New Pole. To the extent that KsFiberNet seeks reimbursement for a third party either directly or through applicable insurance, the City shall assign KsFiberNet any rights the City may have against such thirty party for such claims.

Appears in 2 contracts

Samples: Telecommunications Franchise Agreement, Telecommunications Franchise Agreement

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Damage to New Poles. If a new Pole falls or is damaged such that there is an imminent threat of harm to persons or property, then the city may cause the New Pole to be removed to the side of the street or a location that City believes reasonably eliminates the right of such imminent threat or harm to persons or property. KsFiberNet KSFiberNet shall, after written notice from the City that any New Pole has been damaged or removed, cause the New Pole to be repaired or replaced within thirty (3) days after the City’s written notice. The cost to repair and/or replace any New Pole, including the replacement City streetlight, bulb and ancillary equipment shall be paid by KsFiberNetKSFiberNet; provided, however, that if the new Pole is damaged or destroyed by the City or a third party user that the City has given the right to use the New Pole, then the City and/or its third party user shall pay the cost to repair and/or replace the New Pole. To the extent that KsFiberNet KSFiberNet seeks reimbursement for a third party either directly or through applicable insurance, the City shall assign KsFiberNet KSFiberNet any rights the City may have against such thirty party for such claims.

Appears in 2 contracts

Samples: Telecommunications Franchise Agreement, Telecommunications Franchise Agreement

Damage to New Poles. If a new New Pole falls or is damaged such that there is an imminent threat of harm to persons or property, then the city City may cause the New Pole to be removed to the side of the street or a location that City believes reasonably eliminates the right risk of such imminent threat or of harm to persons or property. KsFiberNet Mobilitie shall, after written notice from the City that any New Pole has been damaged or removed, cause the New Pole to be repaired or replaced within thirty (330) days after the City’s written notice. The cost to repair and/or replace any New Pole, including the replacement City streetlight, bulb and ancillary equipment shall be paid by KsFiberNetMobilitie; provided, however, that if the new New Pole is damaged or destroyed by the City or a third party user that the City has given the right to use the New Pole, then the City and/or its third party user shall pay the cost to repair and/or replace the New Pole. To the extent that KsFiberNet Mobilitie seeks reimbursement for a third party either directly or through applicable insurance, the City shall assign KsFiberNet to Mobilitie any rights the City may have against such thirty third party for such claimsclaim.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

Damage to New Poles. If a new New Pole falls or is damaged such that there is an imminent threat of harm to persons or property, then the city City may cause the New Pole to be removed to the side of the street or a location that City believes reasonably eliminates the right risk of such imminent threat or of harm to persons or property. KsFiberNet Wildflower shall, after written notice from the City that any New Pole has been damaged or removed, cause the New Pole to be repaired or replaced within thirty (330) days after the City’s City‟s written notice. The cost to repair and/or replace any New Pole, including the replacement City streetlight, bulb and ancillary equipment shall be paid by KsFiberNetWildflower; provided, however, that if the new New Pole is damaged or destroyed by the City or a third party user that the City has given the right to use the New Pole, then the City and/or its third party user shall pay the cost to repair and/or replace the New Pole. To the extent that KsFiberNet Wildflower seeks reimbursement for a third party either directly or through applicable insurance, the City shall assign KsFiberNet to Wildflower any rights the City may have against such thirty third party for such claimsclaim.

Appears in 1 contract

Samples: Franchise Agreement

Damage to New Poles. If a new New Pole falls or is damaged such that there is an imminent threat of harm to persons or property, then the city City may cause the New Pole to be removed to the side of the street or a location that City believes reasonably eliminates the right of such imminent threat or harm to persons or property. KsFiberNet JMZ shall, after written notice from the City that any New Pole has been damaged or removed, cause the New Pole to be repaired or replaced within thirty (330) days after the City’s written notice. The cost to repair and/or replace any New Pole, including the replacement City streetlight, bulb and ancillary equipment shall be paid by KsFiberNetJMZ; provided, however, that if the new New Pole is damaged or destroyed by the City or a third party user that the City has given the right to use the New Pole, then the City and/or its third party user shall pay the cost to repair and/or replace the New Pole. To the extent that KsFiberNet JMZ seeks reimbursement for from a third party either directly or through applicable insurance, the City shall assign KsFiberNet JMZ any rights the City may have against such thirty party for such claims.

Appears in 1 contract

Samples: Telecommunications Franchise Agreement

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Damage to New Poles. If a new Pole falls or is damaged such that there is an imminent threat of harm to persons or property, then the city City may cause the New Pole to be removed to the side of the street or a location that City believes reasonably eliminates the right of such imminent threat or harm to persons or property. KsFiberNet JMZ shall, after written notice from the City that any New Pole has been damaged or removed, cause the New Pole to be repaired or replaced within thirty (330) days after the City’s 's written notice. The cost to repair and/or replace any New Pole, including the replacement City streetlight, bulb and ancillary equipment shall be paid by KsFiberNetJMZ; provided, however, that if the new New Pole is damaged or destroyed by the City or a third party user that the City has given the right to use the New Pole, then the City and/or its third party user shall pay the cost to repair and/or replace the New Pole. To the extent that KsFiberNet JMZ seeks reimbursement for from a third party either directly or through applicable insurance, the City shall assign KsFiberNet JMZ any rights the City may have against such thirty party for such claims.

Appears in 1 contract

Samples: Franchise Agreement

Damage to New Poles. If a new Pole falls or is damaged such that there is an imminent threat of harm to persons or property, then the city may cause the New Pole to be removed to the side of the street or a location that City believes reasonably eliminates the right of such imminent threat or harm to persons or property. KsFiberNet Tech 5 shall, after written notice from the City that any New Pole has been damaged or removed, cause the New Pole to be repaired or replaced within thirty (330) days after the City’s written notice. The cost to repair and/or replace any New Pole, including the replacement City streetlight, bulb and ancillary equipment shall be paid by KsFiberNetTech 5; provided, however, that if the new Pole is damaged or destroyed by the City or a third party user that the City has given the right to use the New Pole, then the City and/or its third party user shall pay the cost to repair and/or replace the New Pole. To the extent that KsFiberNet Tech 5 seeks reimbursement for a third party either directly or through applicable insurance, the City shall assign KsFiberNet Tech 5 any rights the City may have against such thirty party for such claims.

Appears in 1 contract

Samples: Telecommunications Franchise Agreement

Damage to New Poles. If a new Pole falls or is damaged such that there is an imminent threat of harm to persons or property, then the city City may cause the New Pole to be removed to the side of the street or a location that City believes reasonably eliminates the right of such imminent threat or harm to persons or property. KsFiberNet JMZ shall, after written notice from the City that any New Pole has been damaged or removed, cause the New Pole to be repaired or replaced within thirty (330) days after the City’s written notice. The cost to repair and/or replace any New Pole, including the replacement City streetlight, bulb and ancillary equipment shall be paid by KsFiberNetJMZ; provided, however, that if the new New Pole is damaged or destroyed by the City or a third party user that the City has given the right to use the New Pole, then the City and/or its third party user shall pay the cost to repair and/or replace the New Pole. To the extent that KsFiberNet JMZ seeks reimbursement for from a third party either directly or through applicable insurance, the City shall assign KsFiberNet JMZ any rights the City may have against such thirty party for such claims.

Appears in 1 contract

Samples: Telecommunications Franchise Agreement

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