Maintenance and Modification of Attachments Sample Clauses

Maintenance and Modification of Attachments. Company shall, at its own expense, install and maintain said Attachments located in the Communications Space in safe condition and in good repair, and in a manner suitable to City in its reasonable discretion and compatible with the use of said Poles by City and its facilities using said Poles, and in a manner that will not interfere with maintenance and use of City’s facilities thereon or which will not unreasonably interfere with such other licensed facilities that may from time to time be placed thereon. Work that may be required to allow for new Attachments requested through the Wireless Attachment Application process set forth herein, including, but not limited to, engineering expenses for pre- and post-work inspections and any make ready work to ensure the pole is suitable for the Attachment, is to be paid by Company. For maintenance of Attachments located within the Clear Zone or Supply Space, at the City’s sole discretion, the work must be conducted by either the City or a City Approved Contractor. If City conducts the Work for a Company Attachment, then, City will provide Company an estimate of the cost of such work within sixty (60) days of submission of the application to attach provided, however, that should such estimate be insufficient to cover the actual cost of the work, Company shall be liable for such insufficiency unless such insufficiency is caused by the negligence of City. Within sixty (60) days of receipt of the payment, City will complete work necessary to allow for the Attachment to be placed or maintained below the Clear Zone or above the Supply Space, as defined in Article 4, unless otherwise mutually agreed upon, in writing, by both Parties. The location of Company’s Attachments, to be made on each Pole, will be designated by City in its reasonable discretion and in conformance with the applicable Wireless Attachment Application and purpose of the Attachment, and the location of any Attachment may be re-designated on a Pole from time to time as necessary due to City’s own service requirements provided that such relocation is in conformance with the applicable Wireless Attachment Application and purpose of the Attachment. Company shall reimburse City for all actual and documented Engineering Expenses, and any reasonably related expenses, incurred in the consideration and approval of Company’s new Attachments. City’s “Engineering Expense” shall consist of the then current sum of: (1) Engineering labor rate; (2) Administrative over...
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Related to Maintenance and Modification of Attachments

  • Integration and Modification This agreement includes the entire agreement of the parties and supersedes any prior discussions or agreements regarding the same subject. The agreement may be modified only by a written agreement signed by authorized representative of the parties.

  • DURATION AND MODIFICATION OF AGREEMENT 33:01 This Agreement shall be binding and continue in effect until June 30, 2020, and shall continue automatically thereafter for annual periods of one (1) year each, unless either party notifies the other in writing within the period of three (3) months next preceding the expiration date of this agreement, that it desires to amend or terminate it.

  • Changes and Modifications (i) DST shall have the right, at any time, to modify any systems, programs, procedures or facilities used in performing its obligations hereunder; provided that the Fund will be notified as promptly as possible prior to implementation of such modifications and that no such modification or deletion shall materially adversely change or affect the operations and procedures of the Fund in using the TA2000 System hereunder, the Services or the quality thereof, or the reports to be generated by such system and facilities hereunder, unless the Fund is given thirty (30) days’ prior notice to allow the Fund to change its procedures and DST provides the Fund with revised operating procedures and controls.

  • Amendments, Changes and Modifications Except as to the termination rights of both Parties as indicated in the Facilities Lease, this Site Lease may not be amended, changed, modified, altered or terminated without the written agreement of both Parties hereto.

  • Modification of Agreement This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

  • Waivers and Modifications Any modification or waiver of the insurance requirements herein shall be made only with the written approval of the District’s Risk Manager.

  • Waiver and Modification Any waiver, alteration, or modification of any of the provisions of this Agreement shall be valid only if made in writing and signed by the parties hereto. Each party hereto, may waive any of its rights hereunder without affecting a waiver with respect to any subsequent occurrences or transactions hereof.

  • Contract Modifications It is understood that changes are inherent in operations of the type covered by this contract. The number of changes, the scope of those changes, and the impact they have on the progress of the original operations cannot be defined at this time. The PURCHASER is notified that changes are anticipated and that there will be no compensation made to the PURCHASER directly related to the number of changes made. Each change will be evaluated for extension of contract time and increase or decrease in compensation based on its own merit. STATE reserves the right to make, at any time during the contract, such modifications as are necessary or desirable; provided such modifications shall not change the character of the operations to be done nor increase the cost, unless such operations or cost increase is approved in writing by PURCHASER. Any modifications so made shall not invalidate this contract nor release PURCHASER of obligations under the performance bond. PURCHASER agrees to do the modified operations as if it had been a part of the original contract. If any change under this section causes an increase or decrease in the PURCHASER's cost of, or the time required for the performance of any part of the operations, the PURCHASER must submit a written statement setting forth the nature and specific extent of the claim. Such claim shall include all time and cost impacts against the contract and be submitted as soon as possible, but no later than 30 days after receipt of any written notice of modification of the contract. If the PURCHASER discovers site conditions which differ materially from what was represented in the contract or from conditions that would normally be expected to exist and be inherent to the activities defined in the contract, the PURCHASER shall notify the STATE's Authorized Representative immediately and before the area has been disturbed. The STATE's Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the contract or those which could reasonably be expected in execution of this particular contract. If it is determined that a differing site condition exists, any compensation or credit will be determined based on an analysis by STATE's Authorized Representative. If the PURCHASER does not concur with the decision of the STATE's Authorized Representative and/or believes that it is entitled to additional compensation, the PURCHASER may proceed to file a claim. Claims Review Process. All PURCHASER claims shall be referred to the STATE's Authorized Representative for review. All claims shall be made in writing to the STATE's Authorized Representative not more than ten days from the date of the occurrence of the event which gives rise to the claim or not more than ten days from the date that the PURCHASER knew or should have known of the problem. Unless the claim is made in accordance with these time requirements, it shall be waived. All claims shall be submitted in writing and shall include a detailed, factual statement of the basis of the claim, pertinent dates, contract provisions which support or allow the claim, reference to or copies of any documents which support the claim, the exact dollar value of the claim, and specific time extension requested for the claim. If the claim involves operations to be completed by subcontractors, the PURCHASER will analyze and evaluate the merits of the subcontractor's claim. PURCHASER shall forward the subcontractor's claim and PURCHASER's evaluation of such claim to STATE's Authorized Representative. The STATE's Authorized Representative will not consider direct claims from subcontractors, suppliers, manufacturers, or others not a party to this contract. The decision of the STATE shall be final and binding unless the PURCHASER requests mediation.

  • Amendments and Modifications Upon the written consent of the Company and the Holders of at least a majority in interest of the Registrable Securities at the time in question, compliance with any of the provisions, covenants and conditions set forth in this Agreement may be waived, or any of such provisions, covenants or conditions may be amended or modified; provided, however, that notwithstanding the foregoing, any amendment hereto or waiver hereof that adversely affects one Holder, solely in his, her or its capacity as a holder of the shares of capital stock of the Company, in a manner that is materially different from the other Holders (in such capacity) shall require the consent of the Holder so affected. No course of dealing between any Holder or the Company and any other party hereto or any failure or delay on the part of a Holder or the Company in exercising any rights or remedies under this Agreement shall operate as a waiver of any rights or remedies of any Holder or the Company. No single or partial exercise of any rights or remedies under this Agreement by a party shall operate as a waiver or preclude the exercise of any other rights or remedies hereunder or thereunder by such party.

  • Effect of Addenda, Bulletins, and Change Orders No special implication, interpretation, construction, connotation, denotation, import, or meaning shall be assigned to any provision of the Contract Documents because of changes created by the issuance of any (1) Addendum, (2) Bulletin, or (3) Change Order other than the precise meaning that the Contract Documents would have had if the provision thus created had read originally as it reads subsequent to the (1) Addendum, (2) Bulletin, or (3) Change Order by which it was created.

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