Common use of Notice of Abandonment or Removal of District Facilities Clause in Contracts

Notice of Abandonment or Removal of District Facilities. If District desires at any time to abandon, remove or underground any Utility Facilities to which Licensee’s Communications Facilities are attached, it shall give Licensee notice in writing to that effect at least 90 calendar days prior to the date on which it intends to abandon or remove such Utility Facilities. Notice may be limited to 60 calendar days if District is required to remove or abandon its District Facilities as the result of the action of a third party and the greater notice period is not practical. Such notice shall indicate whether District is offering Licensee an option to purchase the Pole(s). If, following the expiration of the notice period, Licensee has not yet removed and/or transferred all of its Communications Facilities therefrom and has not entered into an agreement to purchase Utility Facilities pursuant to Article 10.2, the parties shall work together to come up with mutually agreed upon timeframe for Licensee to remove its Facilities. If the removal of Licensee’s Facilities requires reimbursement from another entity, then the Licensee may have the right to remain on the Pole until Licensee receives the reimbursement. Licensee’s time to transfer shall be tolled or the Pole(s) abandoned to the Licensee until all other attachers above Licensee has transferred or removed its Communication Facilities.

Notice of Abandonment or Removal of District Facilities. If District desires at any time to abandon, remove or underground any Utility District Facilities to which Licensee’s Communications Facilities Attachments are attached, it shall give Licensee notice in writing to that effect at least 90 ninety (90) calendar days prior to the date on which it intends to abandon or remove such Utility District Facilities. Notice may be limited to 60 thirty (30) calendar days if District is required to remove or abandon its District Facilities as the result of the action of a third party and the greater notice period is not practical. Such notice shall indicate whether District is offering Licensee an option to purchase the Pole(s). If, following the expiration of the notice period, Licensee has not yet removed and/or transferred all of its Communications Facilities Attachments therefrom and has not entered into an agreement to purchase Utility District Facilities pursuant to Article 10.2Xxxxxxxxx 00.0, Xxxxxxxx shall have the parties right, subject to any applicable laws and regulations, to have Licensee’s Attachments removed and/or transferred from the Pole at Licensee’s expense as specified in Paragraph 3.9. District shall work together to come up with mutually agreed upon timeframe for give Licensee to remove its Facilities. If the prior written notice of any such removal or transfer of Licensee’s Facilities requires reimbursement from another entity, then the Licensee may have the right to remain on the Pole until Licensee receives the reimbursement. Licensee’s time to transfer shall be tolled or the Pole(s) abandoned to the Licensee until all other attachers above Licensee has transferred or removed its Communication FacilitiesAttachments.