Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension thereof, the Utility may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Licensees. In such instances, the Utility shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension thereof, Utility may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Attaching Entities. In such instances, Utility shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. Licensee may obtain a refund on a pro-rata basis of any Attachment Fees it has paid in advance with respect to expired Permits.
Effect of Failure to Exercise Access Rights. 4.6.1 Failure by Licensee to fully exercise access rights granted pursuant to this Agreement and/or applicable Permit(s) within:
(a) 120 days from Permit approval/issuance date (in event no Make-Ready Work is required); and/or
(b) 120 days from date Make-Ready Work is completed (in event Make-
(c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third party approvals pending (e.g.: permit approvals) or similar circumstances
4.6.2 Licensee’s failure to submit acceptable as-builts and any other required documentation and inspections within:
(a) 140 days of date of application approval when Make-Ready work is not required (120 days to complete work from date of application approval, plus 20 days to complete and submit required inspections/documentations); and/or
(b) 140 days of completion of Make-Ready work (120 days to complete work from date Make-Ready work completed, plus 20 days to complete and submit required inspections/documentation), or
(c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third party approvals pending (e.g.: permit approvals) or similar circumstances shall also constitute failure to fully exercise access rights, and in this event the District may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Attaching Entities.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension thereof, the City may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Attaching Entities. In such instances, the City shall endeavor to make other space available to Licensee, upon written Permit Application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. Licensee may obtain a refund on a pro-rata basis of any Annual Attachment Fees it has paid in advance with respect to expired Permits. For purposes of this Paragraph, Licensee’s access rights shall not be deemed effective until any necessary Make-Ready Work has been performed.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to a Permit within three months of the issuance of the Permit or completion of the Make-Ready Work, if any (or such longer time period as agreed between the parties), the Permit shall be null and void and Utility may use the space scheduled for Licensee’s Wireless Attachment. Utility shall grant an extension where Licensee demonstrates that events beyond its control prevented Licensee from exercising any such access right. In such instances, Utility shall endeavor to make other space available to Licensee, upon written request, as soon as reasonably possible.
Effect of Failure to Exercise Access Rights. If Attaching Utility does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within two hundred (200) calendar days of the effective date of such right and any extension thereof, Owner Utility may use the space scheduled for Attaching Utility’s Attachment(s), for its own needs and/or other Attaching Entities. In such instances, Owner Utility shall endeavor to make other space available to Attaching Utility, upon written application per Article VI, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. This clause shall not apply if the Attaching Utility is unable to exercise its access rights due to circumstances that are beyond its control upon written notification to the Owner Utility.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and applicable Permit within the period prescribed and any extension thereof, Licensor may use the space scheduled for Licensee’s Attachment, for its own needs or other Attaching Entities. In such instances, Licensor shall endeavor to make other space available to Licensee, upon reapplication for a Permit, as soon as reasonably possible.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to a Permit within ninety (90) days of the effective date of such right and any extension thereof, Utility may use the space scheduled for Licensee’s Attachment. Utility shall grant an extension where Licensee demonstrates that events beyond its control prevented Licensee from exercising any such access right. In such instances, Utility shall endeavor to make other space available to Licensee, upon written request, as soon as reasonably possible.
Effect of Failure to Exercise Access Rights. If licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety
Effect of Failure to Exercise Access Rights. If Grantee does not exercise any access right granted pursuant to an applicable Permit(s) for a Town-owned Pole within one hundred twenty (120) calendar days of the effective date of such right (unless such time period is extended), the Town may, but shall have no obligation to, use the space scheduled for Grantee’s Attachment(s) for its own needs or make the space available to other Attaching Entities. In such instances, the Town shall endeavor to make other space available to Grantee, upon its submission ofa new Application, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. For purposes of this Section, Xxxxxxx’s access rights shall not be deemed effective until a Permit to attach has been issued.
