MAINTENANCE OF POLES AND ATTACHMENTS. A. Electric Utility shall maintain all Joint Poles in a safe and serviceable condition and in accordance with the specifications mentioned in ARTICLE III - SPECIFICATIONS and shall replace, reinforce or repair should a pole become defective. B. When replacing a Joint Pole carrying terminals of aerial cable, underground connection, or transformer equipment, the new pole shall be set in the same hole which the replaced pole occupied, or immediately adjacent, and in a manner to facilitate Transfer of Attachments, unless special conditions make it desirable to set it in a different location. Replacement poles where risers (dips) are installed should be set as close as possible to the existing pole. Electric Utility will make reasonable effort to conduct a joint field review or otherwise coordinate with Licensee to determine the location of the proposed pole. Reasonable effort will be made to coordinate locations of risers and Non-guyed Service Drops with the locations of the power facilities serving the customer. C. Whenever it is necessary to replace or relocate a Joint Pole, Electric Utility shall, before making such replacement or relocation give reasonable notice thereof in writing or by electronic means (except in case of emergency, when verbal notice will be given and subsequently confirmed in writing or by electronic means) to the Licensee, specifying in such notice the time of such proposed replacement or relocation and the Licensee shall at the time so specified Transfer its Attachments to the new or relocated Joint Pole. 1. Should the Licensee fail to Transfer its Attachments to the new Joint Pole on the date specified for such Transfer of Attachments (after all Electric Utility Transfers have been accomplished), Electric Utility may elect to relinquish the ownership of the old pole from which it has removed its Attachments, with the giving of verbal notice to be subsequently followed in writing. If Electric Utility so elects, such old pole shall thereupon, at no cost to the Licensee, become the property of the Licensee, as is, and the Licensee shall save harmless Electric Utility from all obligation, liability, damages, cost, expenses or charges incurred thereafter, and not arising out of anything theretofore occurring because of, or arising out of, the presence or condition of such pole or of any Attachments thereon. The unused portion of the pole above the Licensee's Attachments shall be cut off and removed by Electric Utility before relinquishing ownership, if the pole remains in structural conflict with the power route. Upon mutual agreement by Electric Utility and the Licensee, Electric Utility personnel may perform simple transfers for the Licensee at a mutually agreed upon price. 2. Should the Licensee fail to Transfer its Attachments to the new Joint Pole after the receipt of notification in writing or through electronic means for such Transfer of Attachments and after all third party and Electric Utility responsible Transfers have been accomplished, whichever is later ("Licensee Transfer Date"), and if Electric Utility does not elect to relinquish the ownership of the old pole from which it has removed its Attachments, the parties will have the following rights, in addition to any other rights and remedies available under this Agreement: a. The Licensee shall pay Electric Utility the following amounts until the Licensee has transferred its Attachments and notified Electric Utility in writing or through electronic notification means that the Transfer has been accomplished: i. Five dollars ($5.00) per pole per month beginning with the sixty-first (61st) day after the Licensee Transfer Date and through and including the two hundred fortieth (240th) day after the Licensee Transfer Date, ii. Ten dollars ($10.00) per pole per month (instead of five dollars ($5.00)) beginning with the two hundred forty-first (241st) day after the Licensee Transfer Date. In addition, the cost incurred by Electric Utility to return to the job site and remove the old pole will be paid by the Licensee. In the event the Licensee notifies Electric Utility that the Transfer has been accomplished, and Electric Utility returns to the job site to remove the old pole and discovers that the Transfer has not been made, then the Licensee will pay Electric Utility's cost of the trip to and from the job site. The intent of this paragraph is to ensure timely Transfers and minimize situations of two or more poles needlessly remaining at the same location for extended periods of time. The aforementioned provisions of this paragraph will only apply when poles are installed in a manner consistent with ARTICLE VII B. D. Each party shall at all times maintain all of its Attachments in accordance with the specifications mentioned in ARTICLE III and shall keep them in safe condition and in thorough repair. E. Each party shall be responsible for right of way maintenance for its own circuits at its own expense. F. Any existing joint use construction of the parties hereto which does not conform to the specifications mentioned in ARTICLE III - SPECIFICATIONS shall be brought into conformity therewith as soon as practicable. To the extent such construction is compliant with the specifications in effect at the time of installation, neither party will be required to retrofit such existing, compliant attachments and at all times NESC grandfathering rules will apply. When such existing construction shall have been brought into conformity with said specification, it shall at all times thereafter be maintained as provided in Sections A and D of this ARTICLE VII. G. The cost of maintaining poles and Attachments and of bringing existing joint use construction into conformity with said specifications shall be borne by the parties hereto in the manner provided in this Agreement. H. Where a pole currently exists, and different, new or replacement poles are needed in substantially the same place to accommodate the Licensee’s desired additional Attachments or desired new joint use, then, if joint use is established or to be established as provided in this Agreement, Electric Utility will construct and own the new poles, and the costs will be paid as provided in ARTICLE IX -
Appears in 1 contract
Samples: Pole Attachment License Agreement
MAINTENANCE OF POLES AND ATTACHMENTS.
A. Electric Utility SLECA shall maintain all Joint Poles in a safe and serviceable condition and in accordance with the specifications Specifications mentioned in ARTICLE III - SPECIFICATIONS Article 3, Specifications, and shall replace, reinforce or repair should a pole such of these Poles as become defective. Licensee acknowledges that Poles and related items carry hazardous voltages, deteriorate over time, and may contain various hazardous chemicals or properties. Licensee shall instruct and equip its personnel, including its employees, contractors and other agents, of the hazards associated with working on SLECA’s Poles and Licensee will provide necessary training and equipment for its representatives to safely execute their work on SLECA’s Poles. Licensee shall, prior to working on a Pole that contains non-compliant or unsafe conditions, promptly notify SLECA of any existing substandard condition (either physical, mechanical or electrical, etc.), that jeopardizes either the general public or xxxxxxx safety and SLECA will cause the existing condition to be promptly corrected. Licensee’s workmen will not subject themselves or others to an unsafe condition. Licensee shall become familiar with the terms of the appropriate material safety data sheet and comply with such terms and all directions contained therein or otherwise required by state and federal law regarding the maintenance, replacement, and/or disposal of the Pole. SLECA does not warrant, guarantee, or imply that any Pole abandoned by SLECA possesses sufficient mechanical strength as required by or for any use of Licensee.
B. When replacing a Joint Pole carrying terminals of aerial cable, underground connection, or transformer equipment, the new pole Pole shall be set in the same hole which the replaced pole Pole occupied, or immediately adjacent, and in a manner to facilitate Transfer of Attachments, unless special conditions make it desirable to set it in a different location. Replacement poles Poles where risers (dips) are installed should be set as close as possible to the existing polePole. Electric Utility SLECA will make reasonable effort to conduct a joint field review or otherwise coordinate with Licensee to determine the location of the proposed polePole. Reasonable effort will be made to coordinate locations of risers and Non-guyed Guyed Service Drops with the locations of the power facilities serving the customer.
C. Whenever Except during restoration efforts after natural disasters, such as hurricanes, ice storms, etc., whenever it is necessary to replace or relocate a Joint Pole, Electric Utility SLECA shall, before making such replacement or relocation give reasonable notice thereof in writing or by electronic means (except in case of emergency, when verbal notice will be given and subsequently confirmed in writing or by electronic meanswriting) to the Licensee, specifying in such notice the time of such proposed replacement or relocation and the Licensee shall at the time so specified Transfer its Attachments to the new or relocated Joint Pole. On highway relocation projects, the schedule for Transfers shall be consistent with the “utility adjustment schedule” and any subsequent revisions.
1. Should An alternate method of notification (as opposed to the above described written method of notification) may be used when mutually agreed upon by both parties. The electronic notification system of Pole Transfer request, provided by the National Joint Utilities Notification System (“NJUNS”), may be used as the notification required by this article. As a prerequisite for use of this system, both parties shall have and properly utilize the necessary electronic equipment and correct NJUNS member codes as provided by each party to the other and as required by NJUNS for this system and mutually agree to its use as a substitute for the written notice of Transfers required under this Article 7, Section C.
D. Transfer of Licensee’s Attachments by SLECA - In any case where it is mutually beneficial and agreeable by both parties, SLECA or its Contractors may Transfer the Attachments of the Licensee fail to Transfer its Attachments to and the new Joint Pole Licensee will reimburse SLECA such costs SLECA incurs in making such Transfers on the date specified for such Transfer of Attachments (after all Electric Utility Transfers have been accomplished), Electric Utility may elect to relinquish the ownership of the old pole from which it has removed its Attachments, with the giving of verbal notice to be subsequently followed in writing. If Electric Utility so elects, such old pole shall thereupon, at no cost to the Licensee, become the property behalf of the Licensee. When the Transfer can be accomplished concurrently with other work that SLECA is undertaking on the same Pole, as is, and the Licensee shall save harmless Electric Utility from all obligation, liability, damages, cost, expenses or charges incurred thereafter, and not arising out of anything theretofore occurring because offor such Transfers will be in accordance with pricing detailed in Article 7.D.4, or arising out of, such other amounts as may be agreed to by the presence parties. SLECA will use due diligence and care in making such Transfers so as not to damage or condition of such pole or of any Attachments thereon. The unused portion of cause a disruption in the pole above the Licensee's Attachments shall be cut off and removed by Electric Utility before relinquishing ownership, if the pole remains in structural conflict with the power route. Upon mutual agreement by Electric Utility and the Licensee, Electric Utility personnel may perform simple transfers for the Licensee at a mutually agreed upon price.
2. Should the Licensee fail to Transfer its Attachments to the new Joint Pole after the receipt of notification in writing or through electronic means for such Transfer of Attachments and after all third party and Electric Utility responsible Transfers have been accomplished, whichever is later ("Licensee Transfer Date"), and if Electric Utility does not elect to relinquish the ownership of the old pole from which it has removed its Attachments, the parties will have the following rights, in addition to any other rights and remedies available under this Agreement:
a. The Licensee shall pay Electric Utility the following amounts until the Licensee has transferred its Attachments and notified Electric Utility in writing or through electronic notification means that the Transfer has been accomplished:
i. Five dollars ($5.00) per pole per month beginning with the sixty-first (61st) day after the Licensee Transfer Date and through and including the two hundred fortieth (240th) day after the Licensee Transfer Date, ii. Ten dollars ($10.00) per pole per month (instead of five dollars ($5.00)) beginning with the two hundred forty-first (241st) day after the Licensee Transfer Date. In addition, the cost incurred by Electric Utility to return to the job site and remove the old pole will be paid services provided by the Licensee. In the event the Licensee notifies Electric Utility However, except in cases of gross negligence or willful misconduct, SLECA shall not be liable for any damages or disruptions in service that the Transfer has been accomplished, and Electric Utility returns to the job site to remove the old pole and discovers that the Transfer has not been made, then the Licensee will pay Electric Utility's cost may occur as a result of Transfers made in behalf of the trip to and from the job site. The intent of this paragraph is to ensure timely Transfers and minimize situations of two or more poles needlessly remaining at the same location for extended periods of time. The aforementioned provisions of this paragraph will only apply when poles are installed in a manner consistent with ARTICLE VII B.
D. Each party shall at all times maintain all of its Attachments in accordance with the specifications mentioned in ARTICLE III and shall keep them in safe condition and in thorough repairLicensee.
E. Each party shall be responsible for right of way maintenance for its own circuits at its own expense.
F. Any existing joint use construction of the parties hereto which does not conform to the specifications mentioned in ARTICLE III - SPECIFICATIONS shall be brought into conformity therewith as soon as practicable. To the extent such construction is compliant with the specifications in effect at the time of installation, neither party will be required to retrofit such existing, compliant attachments and at all times NESC grandfathering rules will apply. When such existing construction shall have been brought into conformity with said specification, it shall at all times thereafter be maintained as provided in Sections A and D of this ARTICLE VII.
G. The cost of maintaining poles and Attachments and of bringing existing joint use construction into conformity with said specifications shall be borne by the parties hereto in the manner provided in this Agreement.
H. Where a pole currently exists, and different, new or replacement poles are needed in substantially the same place to accommodate the Licensee’s desired additional Attachments or desired new joint use, then, if joint use is established or to be established as provided in this Agreement, Electric Utility will construct and own the new poles, and the costs will be paid as provided in ARTICLE IX -
Appears in 1 contract
Samples: Pole Attachment License Agreement
MAINTENANCE OF POLES AND ATTACHMENTS. A. Electric Utility The Licensor shall maintain all Joint Poles in a safe and serviceable condition and in accordance with the specifications mentioned in ARTICLE III - SPECIFICATIONS Specifications, and shall replace, reinforce or repair should Poles as they become defective. Licensee acknowledges that Poles and related items carry hazardous voltages, deteriorate over time and may contain various hazardous chemicals or properties. Licensee shall instruct and equip its personnel, including its employees, contractors and other agents, of the hazards associated with working on Licensor’s Poles, and Licensee will provide necessary training and equipment for its representatives to safely execute their work on Licensor’s Poles. Prior to working on a Pole, Licensee shall, through visual inspection and reasonable effort, make an assessment that the pole is in safe working condition. If Licensee believes that a pole become defectivecontains non-compliant or unsafe conditions, Licensee shall promptly notify Licensor of any existing substandard condition (i.e., physical, mechanical or electrical, etc.), that jeopardizes either the general public or xxxxxxx safety, and Licensor will cause the existing condition to be promptly corrected. Licensee will insure that contractors will comply with provisions of this Agreement. Licensor does not warrant, guarantee, or imply that any Pole abandoned by Licensor possesses sufficient mechanical strength as required by or for any use of Licensee.
B. When replacing a Joint Pole carrying terminals of aerial cable, underground connection, or transformer equipment, the new pole Pole shall be set in the same hole which the replaced pole Pole occupied, or immediately adjacent, and in a manner to facilitate Transfer of Attachments, unless special conditions make it desirable to set it in a different location. Replacement poles Poles where risers (dips) are installed should be set as close as possible to the existing polePole. Electric Utility The Licensor will make reasonable effort to conduct a joint field review or otherwise coordinate with Licensee to determine the location of the proposed polePole. Reasonable effort will be made to coordinate locations of risers and Non-guyed Service Drops with the locations of the power facilities serving the customer.
C. Whenever Except during restoration efforts after natural disasters, such as a Force Majeure events, whenever it is necessary to replace or relocate a Joint Licensed Pole, Electric Utility the Licensor shall, before making such replacement or relocation relocation, give reasonable notice thereof in writing via the electronic notification system of pole transfer request, provided by the National Joint Utilities Notification System (“NJUNS”), of not less than sixty (60) days for five (5) poles or by electronic means less and ninety (90) days for six (6) poles or more (except in case of emergency, when verbal notice will be given and subsequently confirmed in writing or by electronic meanswriting) to the Licensee, specifying in such notice the time of such proposed replacement or relocation relocation, and the Licensee shall at the time so specified Transfer its Attachments to the new or relocated Joint Pole.. On highway relocation projects, the schedule for Transfers shall be consistent with the “utility adjustment schedule” and any subsequent revisions or with any other schedule issued by the appropriate authority governing a highway relocation project. NJUNS code Licensor CTYHGV NJUNS code Licensee VZFGA
1. D. Should the Licensee fail to Transfer its Attachments to the new Joint newly Licensed Pole on after the date specified for such Transfer of Attachments (and after all Electric Utility third party and Licensor responsible Transfers have been accomplishedaccomplished to the extent necessary for Licensee to affect its facilities Transfer, whichever is later (“Licensee Transfer Date”), Electric Utility the parties will have the following rights, in addition to any other rights and remedies available under this Agreement: The Licensor may elect hire a contractor approved by Licensee to relinquish transfer the ownership facilities at Licensee’s cost. Licensee will furnish a list of the old pole from which it has removed its Attachmentscontractors authorized to perform such transfers. Alternatively, with the giving of verbal notice Licensor may sell such Pole to be subsequently followed in writing. If Electric Utility so elects, such old pole shall thereupon, at no cost to the Licensee, become the property of the Licensee, Licensee “as is, ” and the Licensee shall will indemnify, defend and save harmless Electric Utility the Licensor from all obligation, liability, damages, cost, expenses or charges incurred thereafter, and not arising out of anything theretofore occurring because of, or arising out of, prior to the presence or condition transfer of such pole or ownership. Licensor will further evidence transfer of any Attachments thereon. The unused portion of title to the pole above the Licensee's Attachments shall be cut off and removed Pole by Electric Utility before relinquishing ownership, if the pole remains in structural conflict with the power route. Upon mutual agreement by Electric Utility and the Licensee, Electric Utility personnel may perform simple transfers for the Licensee at a mutually agreed upon priceappropriate means.
2. Should the Licensee fail to Transfer its Attachments to the new Joint Pole after the receipt of notification in writing or through electronic means for such Transfer of Attachments and after all third party and Electric Utility responsible Transfers have been accomplished, whichever is later ("Licensee Transfer Date"), and if Electric Utility does not elect to relinquish the ownership of the old pole from which it has removed its Attachments, the parties will have the following rights, in addition to any other rights and remedies available under this Agreement:
a. The E. Licensee shall pay Electric Utility the following amounts until the Licensee has transferred have twenty-four hour (24/7) access to its Attachments equipment in Communications Space for maintenance and notified Electric Utility in writing or through electronic notification means that the Transfer has been accomplished:repair.
i. Five dollars ($5.00) per pole per month beginning with the sixty-first (61st) day after the Licensee Transfer Date and through and including the two hundred fortieth (240th) day after the Licensee Transfer Date, ii. Ten dollars ($10.00) per pole per month (instead of five dollars ($5.00)) beginning with the two hundred forty-first (241st) day after the Licensee Transfer Date. In addition, the cost incurred by Electric Utility to return to the job site and remove the old pole will be paid by the Licensee. In the event the Licensee notifies Electric Utility that the Transfer has been accomplished, and Electric Utility returns to the job site to remove the old pole and discovers that the Transfer has not been made, then the Licensee will pay Electric Utility's cost of the trip to and from the job site. The intent of this paragraph is to ensure timely Transfers and minimize situations of two or more poles needlessly remaining at the same location for extended periods of time. The aforementioned provisions of this paragraph will only apply when poles are installed in a manner consistent with ARTICLE VII B.
D. F. Each party shall at all times maintain all of its Attachments in accordance with the specifications mentioned Specifications in ARTICLE III and shall keep them in safe condition and in thorough repairArticle 3.
E. Each party shall be responsible for right of way maintenance for its own circuits at its own expense.
F. Any existing joint use construction of the parties hereto which does not conform to the specifications mentioned in ARTICLE III - SPECIFICATIONS shall be brought into conformity therewith as soon as practicable. To the extent such construction is compliant with the specifications in effect at the time of installation, neither party will be required to retrofit such existing, compliant attachments and at all times NESC grandfathering rules will apply. When such existing construction shall have been brought into conformity with said specification, it shall at all times thereafter be maintained as provided in Sections A and D of this ARTICLE VII.
G. The cost of maintaining poles and Attachments and of bringing existing joint use construction into conformity with said specifications shall be borne by the parties hereto in the manner provided in this Agreement.
H. Where a pole currently exists, and different, new or replacement poles are needed in substantially the same place to accommodate the Licensee’s desired additional Attachments or desired new joint use, then, if joint use is established or to be established as provided in this Agreement, Electric Utility will construct and own the new poles, and the costs will be paid as provided in ARTICLE IX -
Appears in 1 contract
Samples: Pole Attachment License Agreement
MAINTENANCE OF POLES AND ATTACHMENTS. A. Electric Utility shall The Licensor will maintain all Joint Poles in a safe and serviceable condition and in accordance with the specifications mentioned in ARTICLE III - SPECIFICATIONS Specifications, and shall will replace, reinforce or repair should Poles as they become defective. Licensee acknowledges that Poles and related items carry hazardous voltages, deteriorate over time and may contain various hazardous chemicals or properties. Licensee will instruct and equip its personnel, including its employees, contractors and other agents, of the hazards associated with working on Licensor’s Poles, and Licensee will provide necessary training and equipment for its representatives to safely execute their work on Licensor’s Poles. Prior to working on a Pole, Licensee will, through visual inspection and reasonable effort, make an assessment that the pole is in safe working condition. If Licensee believes that a pole become defectivecontains non-compliant or unsafe conditions, Licensee will promptly notify Licensor of any existing substandard condition (i.e., physical, mechanical or electrical, etc.), that jeopardizes either the general public or xxxxxxx safety, and Licensor will cause the existing condition to be promptly corrected. Licensee will insure that contractors will comply with provisions of this Agreement. Licensor does not warrant, guarantee, or imply that any Pole abandoned by Licensor possesses sufficient mechanical strength as required by or for any use of Licensee.
B. When replacing a Joint Pole carrying terminals of aerial cable, underground connection, or transformer equipment, the new pole shall Pole will be set in the same hole which the replaced pole Pole occupied, or immediately adjacent, and in a manner to facilitate Transfer of Attachments, unless special conditions make it desirable to set it in a different location. Replacement poles Poles where risers (dips) are installed should be set as close as possible to the existing polePole. Electric Utility The Licensor will make reasonable effort to conduct a joint field review or otherwise coordinate with Licensee to determine the location of the proposed polePole. Reasonable effort will be made to coordinate locations of risers and Non-guyed Service Drops with the locations of the power facilities serving the customer.
C. Whenever Except during restoration efforts after natural disasters, such as a Force Majeure events, whenever it is necessary to replace or relocate a Joint Licensed Pole, Electric Utility shallthe Licensor will, before making such replacement or relocation relocation, give reasonable notice thereof in writing via the electronic notification system of pole transfer request provided by the National Joint Utilities Notification System (“NJUNS”) of not less than sixty (60) days for five (5) poles or by electronic means less and ninety (90) days for six (6) poles or more (except in case of emergency, when verbal notice will be given and subsequently confirmed in writing or by electronic meanswriting) to the Licensee, specifying in such notice the time of such proposed replacement or relocation relocation, and the Licensee shall will at the time so specified Transfer its Attachments to the new or relocated Joint Pole.. On highway relocation projects, the schedule for Transfers will be consistent with the “utility adjustment schedule” and any subsequent revisions or with any other schedule issued by the appropriate authority governing a highway relocation project. NJUNS code Licensor CTYHGV NJUNS code Licensee ATMDEK
1. D. Should the Licensee fail to Transfer its Attachments to the new Joint newly Licensed Pole on after the date specified for such Transfer of Attachments (and after all Electric Utility third party and Licensor responsible Transfers have been accomplishedaccomplished to the extent necessary for Licensee to affect its facilities Transfer, whichever is later (“Licensee Transfer Date”), Electric Utility the parties will have the following rights, in addition to any other rights and remedies available under this Agreement: The Licensor may elect hire a contractor approved by Licensee to relinquish transfer the ownership facilities at Licensee’s cost. Licensee will furnish a list of the old pole from which it has removed its Attachmentscontractors authorized to perform such transfers. Alternatively, with the giving of verbal notice Licensor may sell such Pole to be subsequently followed in writing. If Electric Utility so elects, such old pole shall thereupon, at no cost to the Licensee, become the property of the Licensee, Licensee “as is, ” and the Licensee shall will indemnify, defend and save harmless Electric Utility the Licensor from all obligation, liability, damages, cost, expenses or charges incurred thereafter, and not arising out of anything theretofore occurring because of, or arising out of, prior to the presence or condition transfer of such pole or ownership. Licensor will further evidence transfer of any Attachments thereon. The unused portion of title to the pole above the Licensee's Attachments shall be cut off and removed Pole by Electric Utility before relinquishing ownership, if the pole remains in structural conflict with the power route. Upon mutual agreement by Electric Utility and the Licensee, Electric Utility personnel may perform simple transfers for the Licensee at a mutually agreed upon priceappropriate means.
2. Should the E. Licensee fail to Transfer its Attachments to the new Joint Pole after the receipt of notification in writing or through electronic means for such Transfer of Attachments and after all third party and Electric Utility responsible Transfers have been accomplished, whichever is later ("Licensee Transfer Date"), and if Electric Utility does not elect to relinquish the ownership of the old pole from which it has removed its Attachments, the parties will have the following rights, twenty-four hour (24/7) access to its equipment in addition to any other rights Communications Space for maintenance and remedies available under this Agreement:repair.
a. The Licensee shall pay Electric Utility the following amounts until the Licensee has transferred its Attachments and notified Electric Utility in writing or through electronic notification means that the Transfer has been accomplished:
i. Five dollars ($5.00) per pole per month beginning with the sixty-first (61st) day after the Licensee Transfer Date and through and including the two hundred fortieth (240th) day after the Licensee Transfer Date, ii. Ten dollars ($10.00) per pole per month (instead of five dollars ($5.00)) beginning with the two hundred forty-first (241st) day after the Licensee Transfer Date. In addition, the cost incurred by Electric Utility to return to the job site and remove the old pole will be paid by the Licensee. In the event the Licensee notifies Electric Utility that the Transfer has been accomplished, and Electric Utility returns to the job site to remove the old pole and discovers that the Transfer has not been made, then the Licensee will pay Electric Utility's cost of the trip to and from the job site. The intent of this paragraph is to ensure timely Transfers and minimize situations of two or more poles needlessly remaining at the same location for extended periods of time. The aforementioned provisions of this paragraph will only apply when poles are installed in a manner consistent with ARTICLE VII B.
D. F. Each party shall will at all times maintain all of its Attachments in accordance with the specifications mentioned Specifications in ARTICLE III and shall keep them in safe condition and in thorough repairArticle 3.
E. Each party shall be responsible for right of way maintenance for its own circuits at its own expense.
F. Any existing joint use construction of the parties hereto which does not conform to the specifications mentioned in ARTICLE III - SPECIFICATIONS shall be brought into conformity therewith as soon as practicable. To the extent such construction is compliant with the specifications in effect at the time of installation, neither party will be required to retrofit such existing, compliant attachments and at all times NESC grandfathering rules will apply. When such existing construction shall have been brought into conformity with said specification, it shall at all times thereafter be maintained as provided in Sections A and D of this ARTICLE VII.
G. The cost of maintaining poles and Attachments and of bringing existing joint use construction into conformity with said specifications shall be borne by the parties hereto in the manner provided in this Agreement.
H. Where a pole currently exists, and different, new or replacement poles are needed in substantially the same place to accommodate the Licensee’s desired additional Attachments or desired new joint use, then, if joint use is established or to be established as provided in this Agreement, Electric Utility will construct and own the new poles, and the costs will be paid as provided in ARTICLE IX -
Appears in 1 contract
Samples: Pole Attachment License Agreement
MAINTENANCE OF POLES AND ATTACHMENTS. A. Electric Utility The EMC shall maintain all Joint Poles in a safe and serviceable condition and in accordance with the specifications mentioned in ARTICLE III - SPECIFICATIONS Article 3 and shall replace, reinforce or repair should a pole such of these Poles as become defective. Licensee acknowledges that Poles and related items carry hazardous voltages, deteriorate over time, and may contain various hazardous chemicals or properties. Licensee shall instruct and equip its personnel, including its employees, contractors and other agents, of the hazards associated with working on EMC’s Poles and Licensee will provide necessary training and equipment for its representatives to safely execute their work on EMC’s Poles. Licensee shall, prior to working on a Pole that contains non-compliant or unsafe conditions, promptly notify EMC of any existing substandard condition (either physical, mechanical or electrical, etc.), that jeopardizes either the general public or xxxxxxx safety and EMC will cause the existing condition to be promptly corrected. Licensee’s workmen will not subject themselves or others to an unsafe condition. Licensee shall become familiar with the terms of the appropriate material safety data sheet and comply with such terms and all directions contained therein or otherwise required by state and federal law regarding the maintenance, replacement, and/or disposal of the Pole. EMC does not warrant, guarantee, or imply that any Pole abandoned by EMC possesses sufficient mechanical strength as required by or for any use of Licensee.
B. When replacing a Joint Pole carrying terminals of aerial cable, underground connection, or transformer equipment, the new pole Pole shall be set in the same hole which the replaced pole Pole occupied, or immediately adjacent, and in a manner to facilitate Transfer of Attachments, unless special conditions make it desirable to set it in a different location. Replacement poles Poles where risers (dips) are installed should be set as close as possible to the existing polePole. Electric Utility The EMC will make reasonable effort to conduct a joint field review or otherwise coordinate with Licensee to determine the location of the proposed polePole. Reasonable effort will be made to coordinate locations of risers and Non-guyed Service Drops with the locations of the power facilities serving the customer.
C. Whenever Except during restoration efforts after natural disasters, such as hurricanes, ice storms, etc., whenever it is necessary to replace or relocate a Joint Pole, Electric Utility the EMC shall, before making such replacement or relocation give reasonable notice thereof in writing or by electronic means (except in case of emergency, when verbal notice will be given and subsequently confirmed in writing or by electronic meanswriting) to the Licensee, specifying in such notice the time of such proposed replacement or relocation and the Licensee shall at the time so specified Transfer its Attachments to the new or relocated Joint Pole. On highway relocation projects, the schedule for Transfers shall be consistent with the “utility adjustment schedule” and any subsequent revisions.
1. Should An alternate method of notification (as opposed to the above described written method of notification) may be used when mutually agreed upon by both parties. The electronic notification system of Pole transfer request, provided by the National Joint Utilities Notification System (“NJUNS”), may be used as the notification required by this article. As a prerequisite for use of this system, both parties shall have and properly utilize the necessary electronic equipment and correct NJUNS member codes as provided by each party to the other and as required by NJUNS for this system and mutually agree to its use as a substitute for the written notice of transfers required under this Article 7, Section C.
D. Transfer of Licensee’s Attachments by the EMC - In any case where it is mutually beneficial and agreeable by both parties, the EMC or its Contractors may Transfer the Attachments of the Licensee fail to Transfer its Attachments to and the new Joint Pole on Licensee will reimburse the date specified for EMC such Transfer of Attachments (after all Electric Utility costs the EMC incurs in making such Transfers have been accomplished), Electric Utility may elect to relinquish the ownership of the old pole from which it has removed its Attachments, with the giving of verbal notice to be subsequently followed in writing. If Electric Utility so elects, such old pole shall thereupon, at no cost to the Licensee, become the property behalf of the Licensee. When the Transfer can be accomplished concurrently with other work that the EMC is undertaking on the same Pole, as is, and the Licensee shall save harmless Electric Utility from all obligation, liability, damages, cost, expenses or charges incurred thereafter, and not arising out of anything theretofore occurring because offor such Transfers will be in accordance with pricing detailed in Article 7.D.4, or arising out of, such other amounts as may be agreed to by the presence or condition of such pole or of any Attachments thereonparties. The unused portion of EMC will use due diligence and care in making such Transfers so as not to damage or cause a disruption in the pole above the Licensee's Attachments shall be cut off and removed by Electric Utility before relinquishing ownership, if the pole remains in structural conflict with the power route. Upon mutual agreement by Electric Utility and the Licensee, Electric Utility personnel may perform simple transfers for the Licensee at a mutually agreed upon price.
2. Should the Licensee fail to Transfer its Attachments to the new Joint Pole after the receipt of notification in writing or through electronic means for such Transfer of Attachments and after all third party and Electric Utility responsible Transfers have been accomplished, whichever is later ("Licensee Transfer Date"), and if Electric Utility does not elect to relinquish the ownership of the old pole from which it has removed its Attachments, the parties will have the following rights, in addition to any other rights and remedies available under this Agreement:
a. The Licensee shall pay Electric Utility the following amounts until the Licensee has transferred its Attachments and notified Electric Utility in writing or through electronic notification means that the Transfer has been accomplished:
i. Five dollars ($5.00) per pole per month beginning with the sixty-first (61st) day after the Licensee Transfer Date and through and including the two hundred fortieth (240th) day after the Licensee Transfer Date, ii. Ten dollars ($10.00) per pole per month (instead of five dollars ($5.00)) beginning with the two hundred forty-first (241st) day after the Licensee Transfer Date. In addition, the cost incurred by Electric Utility to return to the job site and remove the old pole will be paid services provided by the Licensee. In However, except in cases of gross negligence or willful misconduct, the event the Licensee notifies Electric Utility EMC shall not be liable for any damages or disruptions in service that the Transfer has been accomplished, and Electric Utility returns to the job site to remove the old pole and discovers that the Transfer has not been made, then the Licensee will pay Electric Utility's cost may occur as a result of Transfers made in behalf of the trip to and from the job site. The intent of this paragraph is to ensure timely Transfers and minimize situations of two or more poles needlessly remaining at the same location for extended periods of time. The aforementioned provisions of this paragraph will only apply when poles are installed in a manner consistent with ARTICLE VII B.
D. Each party shall at all times maintain all of its Attachments in accordance with the specifications mentioned in ARTICLE III and shall keep them in safe condition and in thorough repairLicensee.
E. Each party shall be responsible for right of way maintenance for its own circuits at its own expense.
F. Any existing joint use construction of the parties hereto which does not conform to the specifications mentioned in ARTICLE III - SPECIFICATIONS shall be brought into conformity therewith as soon as practicable. To the extent such construction is compliant with the specifications in effect at the time of installation, neither party will be required to retrofit such existing, compliant attachments and at all times NESC grandfathering rules will apply. When such existing construction shall have been brought into conformity with said specification, it shall at all times thereafter be maintained as provided in Sections A and D of this ARTICLE VII.
G. The cost of maintaining poles and Attachments and of bringing existing joint use construction into conformity with said specifications shall be borne by the parties hereto in the manner provided in this Agreement.
H. Where a pole currently exists, and different, new or replacement poles are needed in substantially the same place to accommodate the Licensee’s desired additional Attachments or desired new joint use, then, if joint use is established or to be established as provided in this Agreement, Electric Utility will construct and own the new poles, and the costs will be paid as provided in ARTICLE IX -
Appears in 1 contract
Samples: Pole Attachment License Agreement
MAINTENANCE OF POLES AND ATTACHMENTS. A. Electric Utility shall maintain all Joint Poles in a safe and serviceable condition and in accordance with the specifications mentioned in ARTICLE III - SPECIFICATIONS and shall replace, reinforce or repair should a pole become defective.
B. When replacing a Joint Pole carrying terminals of aerial cable, underground connection, or transformer equipment, the new pole shall be set in the same hole which the replaced pole occupied, or immediately adjacent, and in a manner to facilitate Transfer of Attachments, unless special conditions make it desirable to set it in a different location. Replacement poles where risers (dips) are installed should be set as close as possible to the existing pole. Electric Utility will make reasonable effort to conduct a joint field review or otherwise coordinate with Licensee to determine the location of the proposed pole. Reasonable effort will be made to coordinate locations of risers and Non-guyed Service Drops with the locations of the power facilities serving the customer.
C. Whenever it is necessary to replace or relocate a Joint Pole, Electric Utility shall, before making such replacement or relocation give reasonable notice thereof in writing or by electronic means (except in case of emergency, when verbal notice will be given and subsequently confirmed in writing or by electronic means) to the Licensee, specifying in such notice the time of such proposed replacement or relocation and the Licensee shall at the time so specified Transfer its Attachments to the new or relocated Joint Pole.
1. Should the Licensee fail to Transfer its Attachments to the new Joint Pole on the date specified for such Transfer of Attachments (after all Electric Utility Transfers have been accomplished), Electric Utility may elect to relinquish the ownership of the old pole from which it has removed its Attachments, with the giving of verbal notice to be subsequently followed in writing. If Electric Utility so elects, such old pole shall thereupon, at no cost to the Licensee, become the property of the Licensee, as is, and the Licensee shall save harmless Electric Utility from all obligation, liability, damages, cost, expenses or charges incurred thereafter, and not arising out of anything theretofore occurring because of, or arising out of, the presence or condition of such pole or of any Attachments thereon. The unused portion of the pole above the Licensee's Attachments shall be cut off and removed by Electric Utility before relinquishing ownership, if the pole remains in structural conflict with the power route. Upon mutual agreement by Electric Utility and the Licensee, Electric Utility personnel may perform simple transfers for the Licensee at a mutually agreed upon price.
2. Should the Licensee fail to Transfer its Attachments to the new Joint Pole after the receipt of notification in writing or through electronic means for such Transfer of Attachments and after all third party and Electric Utility responsible Transfers have been accomplished, whichever is later ("Licensee Transfer Date"), and if Electric Utility does not elect to relinquish the ownership of the old pole from which it has removed its Attachments, the parties will have the following rights, in addition to any other rights and remedies available under this Agreement:
a. The Licensee shall pay Electric Utility the following amounts until the Licensee has transferred its Attachments and notified Electric Utility in writing or through electronic notification means that the Transfer has been accomplished:
i. Five dollars ($5.00) per pole per month beginning with the sixty-first (61st) day after the Licensee Transfer Date and through and including the two hundred fortieth (240th) day after the Licensee Transfer Date, ii. Ten dollars ($10.00) per pole per month (instead of five dollars ($5.00)) beginning with the two hundred forty-first (241st) day after the Licensee Transfer Date. In addition, the cost incurred by Electric Utility to return to the job site and remove the old pole will be paid by the Licensee. In the event the Licensee notifies Electric Utility that the Transfer has been accomplished, and Electric Utility returns to the job site to remove the old pole and discovers that the Transfer has not been made, then the Licensee will pay Electric Utility's cost of the trip to and from the job site. The intent of this paragraph is to ensure timely Transfers and minimize situations of two or more poles needlessly remaining at the same location for extended periods of time. The aforementioned provisions of this paragraph will only apply when poles are installed in a manner consistent with ARTICLE VII B.
D. Each party shall at all times maintain all of its Attachments in accordance with the specifications mentioned in ARTICLE III and shall keep them in safe condition and in thorough repair.
E. Each party shall be responsible for right of right-of-way maintenance for its own circuits at its own expense.
F. Any existing joint use construction of the parties hereto which does not conform to the specifications mentioned in ARTICLE III - SPECIFICATIONS shall be brought into conformity therewith as soon as practicable. To the extent such construction is compliant with the specifications in effect at the time of installation, neither party will be required to retrofit such existing, compliant attachments and at all times NESC grandfathering rules will apply. When such existing construction shall have been brought into conformity with said specification, it shall at all times thereafter be maintained as provided in Sections A and D of this ARTICLE VII.
G. The cost of maintaining poles and Attachments and of bringing existing joint use construction into conformity with said specifications shall be borne by the parties hereto in the manner provided in this Agreement.
H. Where a pole currently exists, and different, new or replacement poles are needed in substantially the same place to accommodate the Licensee’s desired additional Attachments or desired new joint use, then, if joint use is established or to be established as provided in this Agreement, Electric Utility will construct and own the new poles, and the costs will be paid as provided in ARTICLE IX -,
Appears in 1 contract
Samples: Pole Attachment License Agreement
