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

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 the Utility desires at any time to abandon, remove 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 sixty (9060) 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 the Utility is required to remove or abandon its Facilities, Utility 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 applicable. IfAs 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 Communications Facilities therefrom and has not entered into an agreement to purchase the Utility’s Facilities pursuant to Paragraph 10.2, the Licensee expressly stipulates that Utility shall have the right, but not the obligation, subject to any applicable laws and regulations, right to have Licensee’s Communications Facilities removed and/or transferred from the Pole at Licensee’s expense. The In addition, Licensee’s failure to remove its Facilities as required under this paragraph shall subject Licensee to the penalty provisions of Appendix A. Utility shall give Licensee ten (10) calendar days prior written notice of any such removal or transfer of Licensee’s Facilities.

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 sixty (9060) 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, Utility 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 thirty-day 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 the Utility desires at any time to abandon, remove 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 sixty (9060) 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, Utility Facilities as the result of the action of a third party or other good cause and the greater lengthier 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 thirty (30) day 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 remove or transfer 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 the Utility desires at any time to abandon, remove 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 sixty (9060) calendar days prior to the date on which it intends to abandon or remove such Utility’s Utility Facilities. Notice may be limited to thirty (30) calendar days if the Utility is required to remove or abandon its Facilities, Utility 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 at the expiration end of the notice periodthirty (30) calendar days, 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.