Lower and Haul by Licensee Sample Clauses

Lower and Haul by Licensee. ‌ On a Pole that is being abandoned because of a Pole transfer or other reason and if all other attaching entities are off the Pole and Licensee has received written notification, Licensee may, in its sole discretion, lower and haul the abandoned Pole. Licensee must return the Pole to the Pole Owner’s yard or dispose of it following the environmental regulations of the state. Licensee must also restore landscape to acceptable local standards. Licensee accepts all liability for the Pole and environment restoration. Licensee may charge the Pole Owner the reasonable actual cost of lower, haul, disposal, and restoration. Licensee must provide written notification to Pole Owner of its intention to take this action within thirty (30) days of the Pole Owner’s notice to transfer or remove. If Licensee elects not to take this action, licensee must provide written notification of its completion of transfer or removal within thirty (30) days of the Pole Owner’s notification, the Pole Owner shall return to lower and haul the old Pole and may charge Licensee for the cost of the return trip, but not the cost of lower and haul. In the event of a Pole replacement where a third-party joint Pole attacher whose attachments are located above Licensee’s Attachment, Licensee’s thirty (30) day period to transfer its Attachments shall not commence until Licensee receives notice from Pole Owner that the third- party attachments above Licensee have been removed. If there is no response from Licensee regarding its transfer or removal after thirty (30) days, and a second written notification is sent by the Pole Owner, after sixty (60) days from its original notification, the Pole Owner may complete the transfer of Licensee Equipment and lower and haul its Pole. Pole Owner may charge Licensee for the actual costs of transferring Licensee’s facilities, associated return trip cost thereby incurred. Lower and haul costs and restoration costs shall be at the expense of Pole Owner.
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Related to Lower and Haul by Licensee

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