Common use of Licensee’s Action Requiring Modification/Replacement Clause in Contracts

Licensee’s Action Requiring Modification/Replacement. In the event that any Pole, as constructed, to which Licensee desires to make Attachment(s) is unable to support or accommodate the additional facilities in accordance with all Applicable Standards, the Utility will notify Licensee of the necessary Make-Ready Work, and associated costs, to provide an adequate Pole, including but not limited to replacement of the Pole, and rearrangement or transfer of the Utility’s Facilities. Licensee is responsible for obtaining costs associated with rearrangement or transfer of the Communications Facilities of any existing Licensees already on the Pole. If Licensee elects to go forward with the necessary changes, Licensee shall pay to the Utility and any other existing Licensees, the actual cost of the Make-Ready Work, performed by the Utility, per Paragraph 3.9 or performed by the other existing Licensees to accommodate the new Licensee. The Utility and existing attaching entities, at their discretion, may require advance payment.

Licensee’s Action Requiring Modification/Replacement. In the event that any Pole, as constructed, to which Licensee desires to make Attachment(s) is unable to support or accommodate the additional facilities in accordance with all Applicable Standards, the Utility District will notify Licensee of the necessary Make-Ready Work, and associated costs, to provide an adequate Pole, including but not limited to replacement of the Pole, and rearrangement or transfer of the UtilityDistrict’s Facilities. Licensee is responsible for obtaining costs associated with rearrangement or transfer of the Communications Facilities of any existing Licensees already on the Pole. If Licensee elects to go forward with the necessary changes, Licensee shall pay to the Utility District and any other existing Licensees, the actual cost of the Make-Ready Work, performed by the UtilityDistrict, per Paragraph 3.9 or performed by the other existing Licensees to accommodate the new Licensee. The Utility District and existing attaching entities, at their discretion, may require advance payment.