INSPECTIONS OF LICENSEE'S INSTALLATIONS. The costs of inspections made during construction and the initial post-construction survey (if any) shall be borne by the Licensee as part of make-ready charges. The costs of periodic inspections are to be paid by the Licensee to the Licensor. The Licensor will endeavor to prorate inspection costs among all Licensees attached to inspected facilities. The cost of special inspections - found necessary due to the existence of substandard or unauthorized attachments - shall be recovered as Additional Make-Ready Work according to the National Grid Service Work Rate Summary Sheet costs. If any cable, equipment, or facility of Licensee shall be found on a pole for which no license is outstanding, Licensor, without prejudice to its other rights or remedies under this Agreement or otherwise, may: (1) impose a fee, and (2) require Licensee to remove such cable, equipment, and facilities forthwith or require Licensee to make application for attachments in accordance with Article II. For the purpose of determining the fee, absent evidence satisfactory to Licensor to the contrary, the unlicensed use shall be treated as having existed for a period of five (5) years or since the last inspection whichever period shall be the shorter; and the fee for any such period shall be calculated at the current attachment rate for each year or portion thereof in such period, which fee shall immediately become due and payable. Any such fee imposed by Licensor shall be in addition to its rights to any other sums due and payable and to any claims or damages under this Agreement or otherwise. No act or failure to act by Licensor with regard to said fee or said unlicensed use shall be deemed as a ratification or the licensing of the unlicensed use; and any license subsequently issued shall not operate retroactively or constitute a waiver by Licensor of any of its rights or privileges under this Agreement or otherwise. If unlicensed attachments are found on a pole which causes inadequate pole loading, or the pole to be inadequately guyed or anchored, and if Licensee does not install the necessary guys or anchors or do such other work, including the making of all necessary Physical Make-Ready Work provisions to meet specifications within five (5) days of notification by the Licensor, the Licensor will install the necessary guys and anchors or do such other Physical Make-Ready Work to meet specifications and the cost thereof including Costs referred to in Article V (d), if applicable, shall be borne by the Licensee.
Appears in 1 contract
Samples: Pole Attachment Agreement
INSPECTIONS OF LICENSEE'S INSTALLATIONS. (a) The costs of inspections made during construction and the initial post-construction survey (if any) shall be borne by the Licensee as part of make-ready charges. The costs of periodic inspections are to be paid by the Licensee to the Licensor. The Licensor will endeavor to prorate inspection costs among all Licensees attached to inspected facilities. The cost of special inspections - found necessary due to the existence of substandard or unauthorized attachments - shall be recovered as Additional Makeadditional make-Ready Work ready according to the National Grid Service Work Rate Summary Sheet schedule of make-ready costs. The Licensor reserves the right to assign any surveys and/or inspections to its own design contractor.
(b) If any cable, equipment, or facility of Licensee shall be found on a pole for which no license is outstanding, Licensor, without prejudice to its other rights or remedies under this Agreement or otherwise, may: (1) impose a fee, and (2) require Licensee to remove such cable, equipment, and facilities forthwith or require Licensee to make application for attachments in accordance with Article II. For the purpose of determining the fee, absent evidence satisfactory to Licensor to the contrary, the unlicensed use shall be treated as having existed for a period of five (5) years or since the last inspection whichever period shall be the shorter; and the fee for any such period shall be calculated at the current attachment rate for each year or portion thereof in such period, which fee shall immediately become due and payable. Any such fee imposed by Licensor shall be in addition to its rights to any other sums due and payable and to any claims or damages under this Agreement or otherwise. No act or failure to act by Licensor with regard to said fee or said unlicensed use shall be deemed as a ratification or the licensing of the unlicensed useuse ; and any license subsequently issued shall not operate retroactively or constitute a waiver by Licensor of any of its rights or privileges under this Agreement or otherwise. .
(c) If unlicensed attachments are found on a pole which causes inadequate pole loading, or the pole to be inadequately guyed or anchored, anchored and if Licensee does not install the necessary guys or anchors or do such other work, including the making of all necessary Physical Make-Ready Work provisions work to meet specifications within five (5) days of notification by the Licensor, the Licensor will install the necessary guys and anchors or do such other Physical Makemake-Ready Work ready work to meet specifications and the cost thereof including Costs costs referred to in Article V (d), if applicable, shall be borne by the Licensee.
Appears in 1 contract
INSPECTIONS OF LICENSEE'S INSTALLATIONS. (a) The costs of inspections made during construction and the initial post-construction survey (if any) shall be borne by the Licensee as part of make-ready charges. The costs of periodic inspections are to be paid by the Licensee to the Licensor. The Licensor will endeavor to prorate inspection costs among all Licensees attached to inspected facilities. The cost of special inspections - found necessary due to the existence of substandard or unauthorized attachments - shall be recovered as Additional Makeadditional make-Ready Work ready according to the National Grid Service Work Rate Summary Sheet schedule of make-ready costs. .
(b) If any cable, equipment, or facility of Licensee shall be found on a pole for which no license is outstanding, Licensor, without prejudice to its other rights or remedies under this Agreement or otherwise, may: (1) impose a fee, and (2) require Licensee to remove such cable, equipment, and facilities forthwith or require Licensee to make application for attachments in accordance with Article II. For the purpose of determining the fee, absent evidence satisfactory to Licensor to the contrary, the unlicensed use shall be treated as having existed for a period of five (5) years or since the last inspection whichever period shall be the shorter; and the fee for any such period shall be calculated at the current attachment rate for each year or portion thereof in such period, which fee shall immediately become due and payable. Any such fee imposed by Licensor shall be in addition to its rights to any other sums due and payable and to any claims or damages under this Agreement or otherwise. No act or failure to act by Licensor with regard to said fee or said unlicensed use shall be deemed as a ratification or the licensing of the unlicensed useuse ; and any license subsequently issued shall not operate retroactively or constitute a waiver by Licensor of any of its rights or privileges under this Agreement or otherwise. .
(c) If unlicensed attachments are found on a pole which causes inadequate pole loading, or the pole to be inadequately guyed or anchored, and if Licensee does not install the necessary guys or anchors or do such other work, including the making of all necessary Physical Make-Ready Work provisions to meet specifications within five (5) days of notification by the Licensor, the Licensor will install the necessary guys and anchors or do such other Physical Make-Ready Work to meet specifications and the cost thereof including Costs costs referred to in Article V (d), if applicable, shall be borne by the Licensee.
Appears in 1 contract
Samples: Pole Attachment Agreement
INSPECTIONS OF LICENSEE'S INSTALLATIONS. (a) Licensor reserves the right to make periodic inspections of any part of the cable, equipment and facilities of Licensee on its poles or anchors and in the vicinity of Licensor's poles, anchors, cable equipment and facilities; and Licensee shall reimburse Licensor for the expense of 10 such inspections. Inspections will not be made more often than once a year and upon notice to Licensee unless, in Licensor's judgment, such inspections are required for reasons involving safety or are required because of a violation of the terms of this Agreement by Licensee. The costs of inspections made during construction and charge for the initial post-construction survey (if any) inspection shall be borne by in accordance with the terms and conditions of APPENDIX 1-P. The making of such inspections or the failure to do so shall not operate to relieve Licensee as part of make-ready charges. The costs of periodic inspections are to be paid by the Licensee to the Licensor. The Licensor will endeavor to prorate inspection costs among all Licensees attached to inspected facilities. The cost of special inspections - found necessary due to the existence of substandard any responsibility, obligation or unauthorized attachments - shall be recovered as Additional Make-Ready Work according to the National Grid Service Work Rate Summary Sheet costs. liability assumed under this Agreement.
(b) If any cable, equipment, equipment or facility facilities of Licensee shall be found on a pole or anchor for which no license is outstanding, Licensor, without prejudice to its other rights or remedies under this Agreement or otherwise, may: may (1) impose a feecharge, and (2) require Licensee to remove such cable, equipment, and equipment or facilities forthwith or require Licensee to make application for attachments in accordance with Article IILicensor may remove them without liability and the expense of removal shall be borne by Licensee. For the purpose of determining the feecharge, absent satisfactory evidence satisfactory to Licensor to the contrary, the unlicensed use shall be treated as having existed for a period of five two (52) years prior to its discovery or since for the last inspection period beginning with the date of this Agreement, whichever period shall be the shorter; and the fee for any such period shall be calculated fee, at the current attachment appropriate rate as shown in APPENDIX 1-P, for each year or and for any portion thereof of a year contained in such period, which fee shall immediately become be due and payablepayable forthwith. Any such fee imposed by Licensor shall be in addition to its rights to any other sums due and payable and to any claims or damages under this Agreement or otherwise. No act or failure to act by Licensor with regard to said fee or said unlicensed use shall be deemed as a ratification or the licensing of the unlicensed use; , and if any license in the form of Exhibit B should subsequently issued be issued, after application therefor, said license shall not operate retroactively or constitute a waiver by Licensor of any of its rights or privileges under this Agreement or otherwise. If unlicensed attachments are found on a pole which causes inadequate pole loading, or the pole to be inadequately guyed or anchored, and if Licensee does not install the necessary guys or anchors or do such other work, including the making of all necessary Physical Make-Ready Work provisions to meet specifications within five (5) days of notification by the Licensor, the Licensor will install the necessary guys and anchors or do such other Physical Make-Ready Work to meet specifications and the cost thereof including Costs referred to in Article V (d), if applicable, shall be borne by the Licensee.11
Appears in 1 contract
INSPECTIONS OF LICENSEE'S INSTALLATIONS. The costs of inspections made during construction and the initial post-construction survey (if any) shall be borne by the Licensee as part of make-ready charges. The costs of periodic inspections are to be paid by the Licensee to the Licensor. The Licensor will endeavor to prorate inspection costs among all Licensees attached to inspected facilities. The cost of special inspections - found necessary due to the existence of substandard or unauthorized attachments - shall be recovered as Additional Make-Ready Work according to the National Grid Service Work Rate Summary Sheet costs. If any cable, equipment, or facility of Licensee shall be found on a pole for which no license is outstanding, Licensor shall notify Licensee of the unauthorized attachment, including pole number and location, and give Licensee an opportunity to submit a plan of correction acceptable to Licensor within 60 calendar days of receipt of notification. If any cable, equipment, or facility of Licensee shall be found on a pole for which no license is outstanding, Licensor, without prejudice to its other rights or remedies under this Agreement or otherwise, may: (1) impose a fee, and (2) require Licensee to remove such cable, equipment, and facilities forthwith or require Licensee to make application for attachments in accordance with Article II. For the purpose of determining the fee, absent evidence satisfactory to Licensor to the contrary, the unlicensed use shall be treated as having existed for a period of five (5) years or since the last inspection whichever period shall be the shorter; and the fee for any such period shall be calculated at the current attachment rate for each year or portion thereof in such period, which fee shall immediately become due and payable. Any such fee imposed by Licensor shall be in addition to its rights to any other sums due and payable and to any claims or damages under this Agreement or otherwise. No act or failure to act by Licensor with regard to said fee or said unlicensed use shall be deemed as a ratification or the licensing of the unlicensed use; and any license subsequently issued shall not operate retroactively or constitute a waiver by Licensor of any of its rights or privileges under this Agreement or otherwise. If Licensee fails to submit a plan of correction acceptable to Licensor relative to an unauthorized attachment, Licensor, in its sole discretion, without prejudice to its other rights or remedies under this Agreement or otherwise, may charge a penalty of $100 per pole which penalty shall immediately become due and payable. Any such penalty imposed by Licensor shall be in addition to its rights to any other sums due and payable and to any claims or damages under this Agreement or otherwise. No act or failure to act by Licensor with regard to said penalty or said unlicensed use shall be deemed as a ratification or the licensing of the unlicensed use; and any license subsequently issued shall not operate retroactively or constitute a waiver by Licensor of any of its rights or privileges under this Agreement or otherwise. If unlicensed attachments are found on a pole which causes inadequate pole loading, or the pole to be inadequately guyed or anchored, and if Licensee does not install the necessary guys or anchors or do such other work, including the making of all necessary Physical Make-Ready Work provisions to meet specifications within five (5) days of notification by the Licensor, the Licensor will install the necessary guys and anchors or do such other Physical Make-Ready Work to meet specifications and the cost thereof including Costs referred to in Article V (d), if applicable, shall be borne by the Licensee.
Appears in 1 contract
Samples: Pole Attachment Agreement
INSPECTIONS OF LICENSEE'S INSTALLATIONS. The costs of inspections made during construction and the initial post-construction survey (if any) shall be borne by the Licensee as part of make-ready charges. The costs of periodic inspections are to be paid by the Licensee to the Licensor. The Licensor will endeavor to prorate inspection costs among all Licensees attached to inspected facilities. The cost of special inspections - found necessary due to the existence of substandard or unauthorized attachments - shall be recovered as Additional Make-Ready Work according to the National Grid Service Work Rate Summary Sheet schedule of make-ready costs. If any cable, equipment, or facility of Licensee shall be found on a pole for which no license is outstanding, Licensor, without prejudice to its other rights or remedies under this Agreement or otherwise, may: (1) impose a fee, and (2) require Licensee to remove such cable, equipment, and facilities forthwith or require Licensee to make application for attachments in accordance with Article II. For the purpose of determining the fee, absent evidence satisfactory to Licensor to the contrary, the unlicensed use shall be treated as having existed for a period of five (5) years or since the last inspection whichever period shall be the shorter; and the fee for any such period shall be calculated at the current attachment rate for each year or portion thereof in such period, which fee shall immediately become due and payable. Any such fee imposed by Licensor shall be in addition to its rights to any other sums due and payable and to any claims or damages under this Agreement or otherwise. No act or failure to act by Licensor with regard to said fee or said unlicensed use shall be deemed as a ratification or the licensing of the unlicensed use; and any license subsequently issued shall not operate retroactively or constitute a waiver by Licensor of any of its rights or privileges under this Agreement or otherwise. If unlicensed attachments are found on a pole which causes inadequate pole loading, or the pole to be inadequately guyed or anchored, and if Licensee does not install the necessary guys or anchors or do such other work, including the making of all necessary Physical Make-Ready Work provisions to meet specifications within five (5) days of notification by the Licensor, the Licensor will install the necessary guys and anchors or do such other Physical Make-Ready Work to meet specifications and the cost thereof including Costs referred to in Article V (d), if applicable, shall be borne by the Licensee.
Appears in 1 contract
Samples: Pole Attachment Agreement
