Multiple Applications. a. If Licensor receives multiple applications for the same Private Rights-Of Way, such applications shall be processed on a first come, first served basis. Where multiple applicants are pending, Licensor may request that the multiple applicants develop a mutually agreeable order of facility availability and overall Make-Ready Work completion schedule. Where multiple applicants cannot reach mutual agreement regarding the order of facility availability and an overall Make-Ready Work completion schedule within fifteen days (15) of written notification from Licensor, then Licensor shall make such determination on an equitable basis, in Licensor’s sole discretion, which determination may give preference to the parties making applications in the order in which they were received. b. Notwithstanding anything to the contrary contained in this Agreement, in the case of multiple applicants, each applicant will bear an equitable share of the total Assessment Cost, Site Preparation Cost, and License Fee.
Appears in 4 contracts
Samples: Right of Way Licensing Agreement, Right of Way Licensing Agreement, Master Right of Way Licensing and Apportionment Agreement
