Common use of INSPECTION OF LICENSEE’S FACILITIES Clause in Contracts

INSPECTION OF LICENSEE’S FACILITIES. 9.1 Verizon reserves the right to make a Post-Construction Inspection, a Post-Construction Subsequent Inspection, and Periodic Inspections of any or all of Licensee’s Attachments, including any Overlash, to Poles and in Conduit. Licensee will reimburse Verizon for its Actual Costs to perform such inspections. 9.2 Verizon will provide Licensee with fourteen (14) Days advance notice of any planned Post-Construction Inspection to allow Licensee the opportunity to participate in the inspection. 9.3 Verizon will provide Licensee with a copy of any written report from a Post-Construction Inspection within fourteen (14) Days after the inspection is completed. 9.4 If a Post-Construction Inspection identifies non-compliant conditions, Verizon will notify Licensee. Verizon may either (a) perform any remedial work and charge Licensee for all reasonable costs associated with such work or (b) require Licensee to fix the non-compliant condition at Licensee’s sole expense within fourteen (14) days after receipt of notice from Verizon. Verizon will perform a Subsequent Inspection within fourteen (14) Days after the end of the correction period to confirm that all non-compliant conditions have been corrected. If the results of the Subsequent Inspection indicates that all Attachments meet the requirements of this Agreement, no further inspections will be required at that time. 9.5 If the Post-Construction Subsequent Inspection determines that Licensee has not corrected all non-compliant conditions, Verizon will provide Licensee with a copy of the written report of the Post-Construction Subsequent Inspection within fourteen (14) Days of completing the report. If the results identify any remaining non-compliant conditions, Verizon may perform, or have performed, corrective action at the sole expense of Licensee. If Verizon performs such work, Verizon will invoice Licensee for Verizon’s cost to perform the work and Licensee will pay such invoice within thirty (30) days of receipt. Alternatively, Verizon may terminate the License covering the non-compliant Attachment(s) pursuant to Article 11 and notify Licensee that no further Licenses will be issued to Licensee until all of Licensee’s Attachments have been brought into compliance and all associated costs incurred by Verizon have been paid in full. 9.6 Verizon reserves the right to make Periodic Inspections of any or all of Licensee’s Attachments to Poles and in Conduit at the expense of Licensee, upon sixty (60) Days prior written notice to Licensee. A Periodic Inspection may not be undertaken more often than once every five (5) years unless, in Verizon’s judgment, an inspection is required for reasons involving safety or because of an alleged violation by Licensee of the terms of this Agreement. Verizon will make a reasonable effort to coordinate its Periodic Inspections with Licensee. 9.7 Verizon’s conducting of any inspection or the failure to do so, will not relieve Licensee of any responsibility, obligation, or liability applicable under this Agreement.

INSPECTION OF LICENSEE’S FACILITIES. 9.1 Verizon The Licensor reserves the right to make a Post-Construction Inspectionconstruction, a Post-Construction Subsequent InspectionSubsequent, and Periodic Inspections of any part or all of Licensee’s Attachments, including any Overlash, facilities attached to Poles and in ConduitLicensor’s poles and/or anchors. Licensee will reimburse Verizon for its Actual Costs to perform such inspections. 9.2 Verizon will provide Licensee with fourteen (14) Days advance notice of any planned Post-Construction Inspection to allow Licensee the opportunity to participate in the inspection. 9.3 Verizon will Licensor shall provide Licensee with a copy of any written report of such inspection within thirty (30) days following the inspection. Charges and billing for Inspections as set forth in Article III shall apply, provided that Verizon New England commences Post-construction and Subsequent Inspections within 90 days after notification from Licensee that the work is complete. The procedure for Post-construction and Subsequent Inspections is outlined in Appendix IX. Within ten (10) days of the completion of a Post-Construction Inspection within fourteen (14) Days after construction Inspection, the inspection is completed. 9.4 If a Licensor shall notify the Licensee in writing of its findings. Where Post-Construction construction Inspection identifies by the Licensor has been completed and non-compliant conditions, Verizon will notify Licensee. Verizon may either (a) perform any remedial work and charge Licensee for all reasonable costs associated with such work or (b) require Licensee to fix the non-compliant condition at Licensee’s sole expense within fourteen (14) days after receipt of notice from Verizon. Verizon will perform a Subsequent Inspection within fourteen (14) Days after the end of the correction period to confirm that all non-compliant complying conditions have been correctedidentified, Licensee shall correct any non-complying conditions within thirty (30) days of the date of the written notice from the Licensor or as otherwise agreed to by the parties. If the results of the Subsequent Inspection indicates that all Attachments meet the requirements of this Agreement, no further inspections will be required at that time. 9.5 If the Postafter said 30-Construction Subsequent Inspection determines that day period Licensee has not corrected all such non-compliant complying conditions, Verizon will provide Licensor may notify Licensee with a copy that if all such non-complying conditions are not corrected within an additional 30-day period, no further attachment authorizations shall be issued to Licensee until Licensee’s facilities are brought into compliance. If corrections are not made by Licensee within 30 days from the second notification by Licensor, the Licensor may perform or have performed such corrections and Licensee shall pay to the Licensor the cost of the written report of the Post-Construction performing such work. Licensor may undertake Subsequent Inspection within fourteen (14) Days of completing the reportInspections to determine if appropriate corrective action has been taken by Licensee. If the results identify any remaining Subsequent Inspection finds continued non-compliant complying conditions, Verizon Licensor may perform, perform or have performed, performed corrective action at the sole expense of Licensee. If Verizon performs such work, Verizon will invoice the Licensee for Verizon’s cost to perform the work and Licensee will pay such invoice within thirty (30) days of receipt. Alternatively, Verizon or Licensor may terminate the License covering the non-compliant Attachment(s) license pursuant to Article 11 and notify Licensee that no further Licenses X. In such circumstances, Licensor will be issued to Licensee until all of Licensee’s Attachments have been brought into compliance and all associated costs incurred by Verizon have been paid in full. 9.6 Verizon reserves the right to make Periodic Inspections of any or all of Licensee’s Attachments to Poles and in Conduit at the expense of Licensee, upon sixty (60) Days prior written notice to Licensee. A Periodic Inspection may not be undertaken more often than once every provide five (5) years unless, in Verizon’s judgment, an inspection is required for reasons involving safety or because of an alleged violation by business days notice to Licensee of the terms of this Agreement. Verizon will make a reasonable effort prior to coordinate its Periodic Inspections with Licenseeperforming such corrective action. 9.7 Verizon’s conducting of any inspection or the failure to do so, will not relieve Licensee of any responsibility, obligation, or liability applicable under this Agreement.

INSPECTION OF LICENSEE’S FACILITIES. 9.1 Verizon 8.1 The Licensor reserves the right to make a Post-Construction Inspectionconstruction, a Post-Construction Subsequent InspectionSubsequent, and Periodic Inspections of any part or all of Licensee’s Attachments, including any Overlash, facilities attached to Poles Licensor’s poles and/or anchors. Charges and billing for Inspections are set forth in Conduit. Licensee will reimburse Verizon for its Actual Costs to perform such inspectionsArticle III. 9.2 Verizon will provide Licensee with fourteen 8.2 Within ten (1410) Days advance notice days of any planned Post-Construction Inspection to allow Licensee the opportunity to participate in the inspection. 9.3 Verizon will provide Licensee with a copy completion of any written report from a Post-Construction Inspection within fourteen (14) Days after construction Inspection, the Licensor shall notify the Licensee in writing of the date of completion of Post- construction inspection is completedand its findings. 9.4 If a 8.3 Where Post-Construction construction Inspection identifies non-compliant conditions, Verizon will notify Licensee. Verizon may either (a) perform any remedial work by the Licensor has been completed and charge Licensee for all reasonable costs associated with such work or (b) require Licensee to fix the non-compliant condition at Licensee’s sole expense within fourteen (14) days after receipt of notice from Verizon. Verizon will perform a Subsequent Inspection within fourteen (14) Days after the end of the correction period to confirm that all non-compliant non- complying conditions have been correctedidentified, Licensee shall correct any non- complying conditions within thirty (30) days of the date of the written notice from the Licensor. No further attachment authorizations shall be issued to Licensee until Licensee’s facilities are brought into compliance. If corrections are not made by Licensee within said thirty (30) day period, the Licensor may perform or have performed such corrections and Licensee shall pay to the Licensor the cost of performing such work. 8.4 Licensor may undertake Subsequent Inspections to determine if appropriate corrective action has been taken by Licensee. If the results of the Subsequent Inspection indicates that all Attachments meet the requirements of this Agreement, no further inspections will be required at that time. 9.5 If the Post-Construction Subsequent Inspection determines that Licensee has not corrected all finds continued non-compliant complying conditions, Verizon will provide Licensee with a copy of the written report of the Post-Construction Subsequent Inspection within fourteen (14) Days of completing the report. If the results identify any remaining non-compliant conditions, Verizon Licensor may perform, perform or have performed, performed corrective action at the sole expense of Licensee. If Verizon performs such work, Verizon will invoice the Licensee for Verizon’s cost to perform the work and Licensee will pay such invoice within thirty (30) days of receipt. Alternatively, Verizon or Licensor may terminate the License covering the non-compliant Attachment(s) license pursuant to Article 11 and notify Licensee that no further Licenses will be issued to Licensee until all of Licensee’s Attachments have been brought into compliance and all associated costs incurred by Verizon have been paid in full10. 9.6 Verizon 8.5 The making of Post-construction, Subsequent and/or Periodic Inspections or the failure to do so shall not operate to relieve Licensee of any responsibility, obligation, or liability specified in this Agreement. 8.6 Licensor reserves the right to make Periodic Inspections of all or any part of the attachments or all facilities of Licensee’s Attachments to Poles and in Conduit Licensee at the expense of Licensee, upon sixty (60) Days prior written notice to Licensee. A Periodic Inspection may Inspections of the entire plant of the Licensee will not be undertaken made more often than once every five years and upon thirty (530) years days notice to Licensee unless, in VerizonLicensor’s judgment, an inspection is such inspections are required for reasons involving safety or because of an alleged violation by Licensee of the terms of this Agreement. Verizon will make a reasonable effort to coordinate its Periodic Inspections with Licensee. 9.7 Verizon’s conducting of any inspection or the failure to do so, will not relieve Licensee of any responsibility, obligation, or liability applicable under this Agreement.

INSPECTION OF LICENSEE’S FACILITIES. 9.1 Verizon The Licensor reserves the right to make a Post-Construction Inspectionconstruction, a Post-Construction Subsequent InspectionSubsequent, and Periodic Inspections of any part or all of Licensee’s Attachments, including any Overlash, facilities attached to Poles and in ConduitLicensor’s poles and/or anchors. Licensee will reimburse Verizon for its Actual Costs to perform such inspections. 9.2 Verizon will provide Licensee with fourteen (14) Days advance notice of any planned Post-Construction Inspection to allow Licensee the opportunity to participate in the inspection. 9.3 Verizon will Licensor shall provide Licensee with a copy of any written report of such inspection within thirty (30) days following the inspection. Charges and billing for Inspections as set forth in Article III shall apply, provided that Verizon New England commences Post-construction and Subsequent Inspections within 90 days after notification from Licensee that the work is complete. Except as provided in Appendix VI and VII, Post-construction Inspections shall consist of a 10 percent sample of the poles to which the Licensee has attached facilities after completion of work. If Verizon New England determines that the Licensee is not in compliance at greater than 2 percent of the sampled locations, Verizon New England may inspect and xxxx Licensee to inspect all poles involved in the project. Within ten (10) days of the completion of a Post-Construction Inspection within fourteen (14) Days after construction Inspection, the inspection is completed. 9.4 If a Licensor shall notify the Licensee in writing of the date of completion of Post-Construction construction inspection and its findings. Where Post-construction Inspection identifies by the Licensor has been completed and non-compliant conditions, Verizon will notify Licensee. Verizon may either (a) perform any remedial work and charge Licensee for all reasonable costs associated with such work or (b) require Licensee to fix the non-compliant condition at Licensee’s sole expense within fourteen (14) days after receipt of notice from Verizon. Verizon will perform a Subsequent Inspection within fourteen (14) Days after the end of the correction period to confirm that all non-compliant complying conditions have been correctedidentified, Licensee shall correct any non-complying conditions within thirty (30) days of the date of the written notice from the Licensor. If the results of the Subsequent Inspection indicates that all Attachments meet the requirements of this Agreement, no further inspections will be required at that time. 9.5 If the Postafter said 30-Construction Subsequent Inspection determines that day period Licensee has not corrected all such non-compliant complying conditions, Verizon will provide Licensor may notify Licensee with a copy that if all such non-complying conditions are not corrected within an additional 30-day period, no further attachment authorizations shall be issued to Licensee until Licensee’s facilities are brought into compliance. If corrections are not made by Licensee within 30 days from the second notification by Licensor, the Licensor may perform or have performed such corrections and Licensee shall pay to the Licensor the cost of the written report of the Post-Construction performing such work. Licensor may undertake Subsequent Inspection within fourteen (14) Days of completing the reportInspections to determine if appropriate corrective action has been taken by Licensee. If the results identify any remaining Subsequent Inspection finds continued non-compliant complying conditions, Verizon Licensor may perform, perform or have performed, performed corrective action at the sole expense of Licensee. If Verizon performs such work, Verizon will invoice the Licensee for Verizon’s cost to perform the work and Licensee will pay such invoice within thirty (30) days of receipt. Alternatively, Verizon or Licensor may terminate the License covering the non-compliant Attachment(s) license pursuant to Article 11 and notify X. The making of Post-construction, Subsequent and/or Periodic Inspections or the failure to do so shall not operate to relieve Licensee that no further Licenses will be issued to Licensee until all of Licensee’s Attachments have been brought into compliance and all associated costs incurred by Verizon have been paid any responsibility, obligation, or liability specified in full. 9.6 Verizon this Agreement. Licensor reserves the right to make Periodic Inspections of all or any part of the attachments or all facilities of Licensee’s Attachments to Poles and in Conduit Licensee at the expense of Licensee, upon sixty (60) Days days prior written notice to the Licensee. A Periodic Inspection may Inspections of the entire plant of the Licensee will not be undertaken made more often than once every five (5) years unless, in VerizonLicensor’s judgment, an inspection is such inspections are required for reasons involving safety or because of an alleged violation by Licensee of the terms of this Agreement. Verizon will Licensor shall make a reasonable effort to coordinate its Periodic Inspections with any Joint Owner and Licensee. 9.7 Verizon’s conducting of any inspection or the failure to do so, will not relieve Licensee of any responsibility, obligation, or liability applicable under this Agreement.

INSPECTION OF LICENSEE’S FACILITIES. 9.1 Verizon reserves the right to make 11.1 BOROUGH may perform a Post-Construction Inspection, a Post-Construction Subsequent Inspection, and Periodic Inspections of any or all Installation Inspection of Licensee's Facilities following Licensee’s Attachments, including any Overlash, to Poles Attachment at Licensee’s sole cost and in Conduitexpense. BOROUGH may also inspect Licensee’s Facilities on an ongoing basis and shall give Licensee will reimburse Verizon for its Actual Costs to perform such inspections. 9.2 Verizon will provide Licensee with fourteen (14) Days advance notice of any planned Post-Construction Inspection to allow Licensee the an opportunity to participate in the such inspections (typically at three (3) year scheduled intervals which schedules may be changed at any time by BOROUGH without notice, but no more than once every twelve (12) months unless as a result of a recent inspection. 9.3 Verizon will provide Licensee with a copy of any written report from a Post-Construction Inspection within fourteen , at least ten percent (1410%) Days after the inspection is completed. 9.4 If a Post-Construction Inspection identifies non-compliant conditions, Verizon will notify Licensee. Verizon may either (a) perform any remedial work and charge Licensee for all reasonable costs associated with such work or (b) require Licensee to fix the non-compliant condition at Licensee’s sole expense within fourteen (14) days after receipt of notice from Verizon. Verizon will perform a Subsequent Inspection within fourteen (14) Days after the end of the correction period to confirm that all non-compliant conditions have been corrected. If the results of the Subsequent Inspection indicates that all Attachments meet the requirements of this Agreement, no further inspections will be required at that time. 9.5 If the Post-Construction Subsequent Inspection determines that Licensee has not corrected all non-compliant conditions, Verizon will provide Licensee with a copy of the written report of the Post-Construction Subsequent Inspection within fourteen (14) Days of completing the report. If the results identify any remaining non-compliant conditions, Verizon may perform, or have performed, corrective action at the sole expense of Licensee. If Verizon performs such work, Verizon will invoice Licensee for Verizon’s cost to perform the work and Licensee will pay such invoice within thirty (30) days of receipt. Alternatively, Verizon may terminate the License covering the non-compliant Attachment(s) pursuant to Article 11 and notify Licensee that no further Licenses will be issued to Licensee until all of Licensee’s Attachments have been brought into compliance and all associated costs incurred by Verizon have been paid in full. 9.6 Verizon reserves the right confirmed not to make Periodic Inspections of any or all of Licensee’s Attachments to Poles and in Conduit at the expense of Licensee, upon sixty (60) Days prior written notice to Licensee. A Periodic Inspection may not be undertaken more often than once every five (5) years unless, in Verizon’s judgment, an inspection is required for reasons involving safety or because of an alleged violation by Licensee of comply with the terms of this Agreement) at the sole expense of Licensee to ensure that Licensee’s Attachments or other work have been performed in accordance with the License, this Agreement, the NESC and all applicable laws. Verizon will make a reasonable effort Notwithstanding the foregoing, BOROUGH reserves the right to coordinate its Periodic Inspections conduct additional inspections and audits of Licensee’s Facilities if it finds any Unauthorized Attachments, violations of the NESC, any other applicable rules and regulations, the terms or conditions of this Agreement or the License. Licensee shall reimburse BOROUGH for the costs of such inspections and audits in the event at least ten percent (10%) of Licensee’s Attachments have been confirmed not to comply with Licenseethe terms of this Agreement. 9.7 Verizon11.2 BOROUGH shall be under no obligation to make such inspections and BOROUGH’s conducting failure to inspect Licensee's Facilities shall not operate to impose upon BOROUGH any liability of any inspection or the failure to do so, will not kind nor relieve Licensee of any responsibility, obligation, obligations or liability applicable under this Agreement. 11.3 In addition to its right to conduct inspections as provided for above, BOROUGH shall have the right at any time, and from time to time, to conduct periodic Pole Counts to identify the number of and the specific BOROUGH Poles to which Licensee has attached Licensee's Facilities, provided that BOROUGH gives Licensee an opportunity to participate in such Pole Counts. Licensee shall reimburse BOROUGH for the Costs of such Pole Count Audits.