Common use of Nonconforming Equipment Clause in Contracts

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, Pole 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. 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, Pole 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. 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 polePole attachers’ service obligations, or pose an immediate threat to the integrity of Pole Owner’s or other pole polePole attachers’ poles polesPoles 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, Pole 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 polePole attachers, if applicable, upon demand, for all costs incurred by Pole Owner or other pole polePole attachers for all work, action, and accommodation performed by Pole Owner or other pole polePole attachers under this Section 3.07.

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 OwnerCenturyLink, 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 OwnerCenturyLink, 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 CenturyLink 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 CenturyLink will attempt to notify Licensee electronically or in writing prior to performing such work whenever practical. However, if Pole Owner CenturyLink determines such conditions pose an immediate threat to the safety of utility workers or the public, interfere with the performance of Pole OwnerCenturyLink’s or other pole attachers’ service obligations, or pose an immediate threat to the integrity of Pole OwnerCenturyLink’s or other pole attachers’ poles or Equipment, Pole Owner CenturyLink 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 OwnerCenturyLink’s negligence or willful misconduct. As soon as practicable thereafter, Pole Owner CenturyLink 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 CenturyLink or other pole attachers, if applicable, upon demand, for all costs incurred by Pole Owner CenturyLink or other pole attachers for all work, action, and accommodation performed by Pole Owner CenturyLink or other pole attachers under this Section 3.07.

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 Pole attachers’ service obligations, or pose an immediate threat to the integrity of Pole Owner’s or other pole Pole attachers’ poles 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, Pole 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 Pole attachers, if applicable, upon demand, for all costs incurred by Pole Owner or other pole Pole attachers for all work, action, and accommodation performed by Pole Owner or other pole Pole attachers under this Section 3.07.

Nonconforming Equipment. ‌ If any Attachment is not placed and maintained in accordance with the Requirements requirements and Specifications specifications of Section 3.04this Agreement, 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 not to exceed one hundred eighty (180) days, 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 shall attempt to notify Licensee electronically or in writing prior to performing such work whenever practical. Any such work shall be performed at Licensee’s sole risk and expense. 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 Pole attachers’ service obligations, or pose an immediate threat to the integrity of Pole Owner’s or other pole Pole attachers’ poles Poles or Equipment, Pole Owner may perform or authorize such work and/or take such action that it deems necessary in sole discretion of Pole Owner 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, Pole Owner will shall advise Licensee in writing of the work performed or the action taken and will shall endeavor to arrange for the accommodation of any affected Attachments. Licensee shall be responsible for paying Pole Owner or other pole Pole attachers, if applicable, upon demandinvoice, for all costs incurred by Pole Owner or other pole Pole attachers for all work, action, and accommodation performed by Pole Owner or other pole Pole attachers under this Section 3.07Section.

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 OwnerOwnerCenturyLink, 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 OwnerOwnerCenturyLink, 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 OwnerCenturyLink 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 OwnerCenturyLink will attempt to notify Licensee electronically or in writing prior to performing such work whenever practical. However, if Pole Owner OwnerCenturyLink determines such conditions pose an immediate threat to the safety of utility workers or the public, interfere with the performance of Pole OwnerOwnerCenturyLink’s or other pole attachers’ service obligations, or pose an immediate threat to the integrity of Pole OwnerOwnerCenturyLink’s or other pole attachers’ poles or Equipment, Pole Owner OwnerCenturyLink 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 OwnerOwnerCenturyLink’s negligence or willful misconduct. As soon as practicable thereafter, Pole Owner OwnerCenturyLink 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 OwnerCenturyLink or other pole attachers, if applicable, upon demand, for all costs incurred by Pole Owner OwnerCenturyLink or other pole attachers for all work, action, and accommodation performed by Pole Owner OwnerCenturyLink or other pole attachers under this Section 3.07.

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 WhenPole Owner will attempt to notify Licensee electronically performs maintenance to 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 workersremoves or the public, interfere with the performance of replaces its Equipment on 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 EquipmentPole, Licensee must chemically treat all field-drilled holes and plug any unused holes caused by Licensee, including those resulting from removal of Equipment; if Licensee fails to adequately plug and treat such holes, 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, Pole 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. 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 Pole attachers’ service obligations, or pose an immediate threat to the integrity of Pole Owner’s or other pole Pole attachers’ poles 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, Pole 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 Pole attachers, if applicable, upon demand, for all costs incurred by Pole Owner or other pole Pole attachers for all work, action, and accommodation performed by Pole Owner or other pole Pole attachers under this Section 3.07.