Notice of Abandonment or Removal of Utility Facilities. If the Utility 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 ninety (90) calendar days prior to the date on which it intends to abandon or remove such Utility’s Facilities. Notice may be limited to thirty (30) calendar days if the Utility is required to remove or abandon its Facilities, as the result of the action of a third party or other good cause and the greater notice period is not practical. Such notice shall indicate whether the Utility 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 the Utility’s Facilities pursuant to Paragraph 10.2, the Utility shall have the right, but not the obligation, subject to any applicable laws and regulations, to have Licensee’s Communications Facilities removed and/or transferred from the Pole at Licensee’s expense. The Utility shall give Licensee prior written notice of any such removal or transfer of Licensee’s Facilities.
Notice of Abandonment or Removal of Utility Facilities. If Owner Utility desires at any time to abandon or remove any of its Utility Poles or other Facilities to which Attaching Utility's Facilities are attached, it shall give Attaching Utility notice in writing to that effect at least sixty (60) calendar days prior to the date on which it intends to abandon or remove such Facilities. Notice may be limited to thirty (30) calendar days if Owner Utility is required to remove or abandon its Utility Facilities as the result of the action of a third party and the greater notice period is not practical. Such notice shall indicate whether Owner Utility is offering Attaching Utility an option to purchase the Pole(s). If, following the expiration of said notice period, Attaching Utility has not yet removed and/or transferred all of its Facilities therefrom and has not entered into an agreement to purchase the Owner Utility’s Poles or other Facilities pursuant to Paragraph B of this Article, Owner Utility shall have the right, subject to any applicable laws and regulations, to have Attaching Utility’s Facilities removed and/or transferred from the Pole, and where possible to another Joint Use Pole, at Attaching Utility's expense.
Notice of Abandonment or Removal of Utility Facilities. If LP&L desires at any time to abandon, remove, or underground any Utility Facilities on which Licensee’s Wireless Installations are installed, it shall give Licensee notice in writing to that effect at least sixty (60) calendar days prior to the date on which it intends to abandon or remove or underground such Utility’s Facilities. Notice may be limited to thirty (30) calendar days if LP&L is required to remove or abandon its Utility Facilities as the result of the action of a third party and the greater notice period is not practical. Such notice shall indicate whether LP&L is offering Licensee an option to purchase the Pole(s), if applicable. As concerns the abandonment or removal of Utility Facilities, if, following the expiration of the applicable notice period, Licensee has not yet removed and/or transferred all of its Wireless Installations therefrom and has not entered into an agreement to purchase Utility’s Facilities pursuant to Paragraph 10.2, Licensee expressly stipulates that LP&L shall have the right to have Licensee’s Communications Facilities removed and/or transferred from the Pole at Licensee’s expense. In addition, Licensee’s failure to remove its Wireless Installations as required under this paragraph shall subject Licensee to the penalty provisions of Appendix A. LP&L shall give Licensee ten (10) calendar days prior written notice of any such removal or transfer of Licensee’s Wireless Installations.
