Nonconforming Equipment. If any Attachment is not placed and maintained in accordance with the Requirements and Specifications of Section 3.04, upon notice by Pole Owner, Licensee shall timely perform all work necessary to correct conditions of Licensee’s noncompliance. For purposes of this paragraph, compliance shall be deemed timely if performed during Licensee’s regularly scheduled maintenance activities or under a plan approved by Pole Owner, unless such noncompliance creates an immediate safety or other threat as described below. Any such work will be performed at Licensee’s sole risk and expense. Pole Owner reserves the right to perform or authorize work necessary to bring Licensee’s Attachments into compliance upon Licensee’s failure to timely do so. Pole Owner will attempt to notify Licensee electronically or in writing prior to performing such work whenever practical. However, if Pole Owner determines such conditions pose an immediate threat to the safety of utility workers or the public, interfere with the performance of Pole Owner’s or other pole attachers’ service obligations, or pose an immediate threat to the integrity of Pole Owner’s or other pole attachers’ poles or Equipment, Pole Owner may perform or authorize such work and/or take such action that it deems necessary without first giving written or electronic notice to Licensee and without subjecting itself to any liability, except to the extent of Pole Owner’s negligence or willful misconduct. As soon as practicable thereafter, Xxxx Owner will advise Licensee in writing of the work performed or the action taken and will endeavor to arrange for the accommodation of any affected Attachments. Licensee shall be responsible for paying Pole Owner or other pole attachers, if applicable, upon demand, for all costs incurred by Pole Owner or other pole attachers for all work, action, and accommodation performed by Pole Owner or other pole attachers under this Section 3.07.
Nonconforming Equipment. 6.1. Payment for Equipment delivered hereunder shall not constitute acceptance thereof. Buyer shall have the right to test the Equipment after installation at Buyer’s premises as well as during building of the Equipment, including milestone checks, at Seller’s facility. Buyer may reject the Equipment if it does not meet the specifications, technical standards, drawings, samples, or descriptions that have been furnished, specified or approved by Buyer (the “Specifications”) or any applicable warranty. In the event of a rejection of any Equipment or any component or subassembly of the Equipment, Seller shall have five (5) days to submit a plan to Buyer as to how Seller will make corrections or alterations to the Equipment or where applicable, the components or subassemblies. The plan shall include the time required for Seller to correct or alter the Equipment and the time period must be approved by the Buyer. After such rejection, Seller shall have a period (not to exceed five (5) working days or as agreed between Seller and Buyer), to make alterations at Seller’s expense necessary to cause the Equipment to comply with the Specifications and warranties. Seller may again then tender the Equipment to Buyer. Buyer shall again have the right to test the Equipment. If the Equipment does not meet the Specifications or any applicable warranty, Buyer may at its option (a) retain the nonconforming Equipment and either repair the Equipment itself or request Seller do so, on or off-site; as applicable, or (b) reject the Equipment and be relieved of liability for the purchase price and be entitled to a refund of any payments already made. In the event of rejection of the Equipment, Buyer shall at its option, and without any liability to Seller, store the Equipment until Seller arranges for the return shipment of the Equipment at its sole cost and risk, or arrange for the return of the Equipment to Seller, at Seller’s sole cost and risk. Any specific testing and rejection procedures contained in Buyer’s purchase order shall supersede the language of this Paragraph to the extent of any inconsistency.
Nonconforming Equipment. (a) If any attachment is not placed and maintained in accordance with Section 2.11 above, upon notice by Licensor, Licensee shall use commercially reasonable efforts to timely perform all work reasonably necessary to correct conditions of Licensee’s noncompliance. For purposes of this paragraph, compliance shall be deemed timely if performed during Licensee’s regularly scheduled maintenance activities or under a plan approved by Licensor, unless such noncompliance creates an Emergency (as defined below).
Nonconforming Equipment. If any Attachment is not placed and maintained in accordance with the requirements and specifications of Section 3.05, Rocky Mountain Power reserves the right to correct said condition upon Licensee’s failure to do so. Such work shall be performed at Licensee’s sole risk and expense. Rocky Mountain Power shall make commercially reasonable efforts to notify Licensee in writing prior to performing such work. However, if Rocky Mountain Power determines the conditions pose an immediate threat to the safety of utility workers or the public, interfere with the performance of Rocky Mountain Power’s service obligations, or pose an immediate threat to the integrity of Rocky Mountain Power’s Poles or Equipment, Rocky Mountain Power may perform such work, without prior notice, at the sole risk and expense of Licensee. As soon as practicable thereafter, Rocky Mountain Power shall notify Licensee in writing of the work performed. Licensee shall pay, upon demand, all costs thereby incurred by Rocky Mountain Power.
Nonconforming Equipment. In addition to any other rights of HS WROCŁAW under such circumstances resulting from the Terms and Conditions, the Agreement, Purchase Order and applicable laws, Supplier will remove his Equipment at his risk and expense and refund all payments made by HS WROCŁAW if:
Nonconforming Equipment. If any Attachment is not placed and maintained in accordance with the requirements and specifications of Section 3.05, PacifiCorp reserves the right to correct said condition upon Licensee’s failure to do so. Such work shall be performed at Licensee’s sole risk and expense. PacifiCorp will attempt to notify Licensee in writing prior to performing such work whenever practicable. However, if PacifiCorp determines the conditions pose an immediate threat to the safety of utility workers or the public, interfere with the performance of PacifiCorp’s service obligations, or pose an immediate threat to the integrity of PacifiCorp’s Poles or Equipment, PacifiCorp may perform such work, without prior notice, at the sole risk and expense of the Licensee. As soon as practicable thereafter, PacifiCorp will notify Licensee in writing of the work performed. Licensee shall pay all costs thereby incurred by PacifiCorp. Notwithstanding anything to the contrary contained herein, neither Party shall be liable for any damages to the extent caused by the negligence or willful misconduct of the other Party.
Nonconforming Equipment. If any Attachment is not placed and maintained in accordance with the requirements and specifications of Section 3.04, upon notice by Pole Owner, Licensee shall timely perform all work necessary to Section 3.05
Nonconforming Equipment. If any Attachment is not placed and maintained in accordance with the Requirements and Specifications of Section 3.04, sanctions consistent with UAR may apply. Upon notice by Owner, Licensee shall perform all work necessary to correct conditions of Licensee’s noncompliance with Section 3.04. In the event that Licensee does not bring its facilities into compliance, Owner reserves the right to notify the Utah Public Service Commission. Owner reserves the right to perform work necessary to bring Licensee’s Attachments into compliance upon Licensee’s failure to timely do so. Any such work will be performed at Licensee’s sole risk, and expense except to the extent of Owner’s negligence or willful misconduct. Owner shall be entitled to the reasonable and actual costs incurred for correcting the noncompliance. Owner will attempt to notify Telco Licensee electronically or in writing prior to performing such work whenever practical. Comcast believes that there should not be “sanctions” for noncompliance with the Requirements and Specifications of Section 3.04. Such “sanctions” are contrary to standard industry practices and provide an incentive for pole owners to abuse the safety inspection process and create a hostile pole attachment environment. It is often difficult to determine which Party, including the pole owner, is responsible for a particular violation. If pole owners are able to profit from safety violations through the imposition of sanctions, the pole owner will have incentive to find violations and hold licensees responsible for any questionable or non-compliant circumstances without regard to determining which Party is responsible for specific violations. Indeed, a pole owner would even have incentive to create non-compliant conditions for which it could then assess sanctions to attachers. For these reasons, pole owners should not be entitled to receive sanctions for safety violations. Rather, the Parties should have a mechanism for determining who is responsible for a specific problem and that Party should be responsible to correct the violation. Since the network integrity is equally important to both the pole owners and third party attachers, sanctions are not necessary to deter attachers from installing non- compliant attachments. By the same token, the rule is one-sided in providing for sanctions that only licensees would have to pay in the event of installing non-compliant attachments. Although pole owners are also guilty of these infractions, w...
Nonconforming Equipment. If any Attachment is not placed and maintained in accordance with the Requirements and Specifications of Section 3.04, the sanctions set forth in Exhibit B shall apply. Upon notice by Xxxxx, PacifiCorp shall perform all work necessary to correct conditions of PacifiCorp’s noncompliance. PacifiCorp reserves the right to perform work necessary to bring Telco’s Attachments into compliance upon Telco’s failure to timely do so. Any such work will be performed at Telco’s sole risk and expense. PacifiCorp will attempt to shall notify Telco electronically or in writing prior to performing such work. whenever practical. However, if PacifiCorp determines such conditions pose an immediate threat to the safety of utility workers or the public, interfere with the performance of PacifiCorp’s service obligations, or pose an immediate threat to the integrity of PacifiCorp's poles or Equipment, PacifiCorp may perform such work and/or take such action that it deems necessary without first giving written notice to Telco. and without subjecting itself to any liability. As soon as practicable thereafter, but in no event more than 5 days, PacifiCorp will advise Telco in writing of the work performed or the action taken and will endeavor to arrange for the accommodation of any affected Attachments. Telco shall be responsible for paying PacifiCorp, upon demand, for all reasonable costs incurred by PacifiCorp for all work, action, and accommodation performed by PacifiCorp under this Section 3.05.
