Common use of Overlashing Clause in Contracts

Overlashing. The following provisions will apply to Overlashing: 1. Overlashing is subject to the permitting requirements of Article VI. Absent such authorisation, Overlashing constitutes an unauthorised Attachment and is subject to the Unauthorised Attachment fee specified in Appendix A, Item 2. 2. Overlashing performed by or on behalf of the Attaching Utility or its Affiliate shall not increase the Annual Attachment Fee paid by Attaching Utility set forth in Appendix A, Item 1. Attaching Utility or Attaching Utility’s Affiliate, however, shall be responsible for all Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate Annual Attachment Fee for such Overlashed Attachment. 3. If Overlashing is required to accommodate facilities of a third party that is not affiliated with Attaching Utility, such third party must enter into a separate Agreement with Owner Utility and obtain Permits and must pay a separate Attachment Fee (Appendix A, Item 1) as well as the costs of all necessary Make- Ready Work required to accommodate the Overlashing. No such Permits to third parties may be granted by Owner Utility allowing Overlashing of Attaching Utility’s Facilities unless Attaching Utility has consented in writing to such Overlashing. Overlashing performed under this Article II, Paragraph K (3) shall not increase the fees and charges paid by Attaching Utility pursuant to Appendix A, Item 1. Nothing in this Agreement shall prevent Attaching Utility from seeking a contribution from an Overlashing third party to defray fees and charges paid by Attaching Utility. 4. Make-Ready Work procedures set forth in Article VII shall apply, as necessary, to all Overlashing.

Overlashing. The following provisions will apply to Overlashing: 1. 2.11.1 A Permit shall be obtained for each Overlashing is subject pursuant to the permitting requirements of Article VI6. Absent such authorisationauthorization, Overlashing constitutes an unauthorised unauthorized Attachment and is subject to the Unauthorised Unauthorized Attachment fee specified in Appendix A, Item 23. 22.11.2 If Licensee demonstrates that the Overlashing of Licensee’s Attachment(s) is required to accommodate Licensee’s Communications Facilities, and such overlashing does not exceed a combined cross-sectional area of three square inches (two-inch diameter), the District shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.3. Overlashing performed by or on behalf of the Attaching Utility or its Affiliate pursuant to this Paragraph 2.11.3 shall not increase the Annual Attachment Fee paid by Attaching Utility set forth in Licensee pursuant to Appendix A, Item 1. Attaching Utility or Attaching Utility’s AffiliateLicensee, however, shall be responsible for all Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate Annual Attachment Fee for such Overlashed Attachment. 3. 2.11.3 If Overlashing is required to accommodate facilities of a third party that is not affiliated with Attaching Utilityparty, such third party must enter into a separate Agreement license agreement with Owner Utility the District and obtain Permits and must pay a separate Attachment Fee (Appendix A, Item 1) as well as the costs of all necessary Make- Make-Ready Work required to accommodate the Overlashing. No such Permits to third parties may be granted by Owner Utility the District allowing Overlashing of Attaching UtilityLicensee’s Communications Facilities unless Attaching Utility Licensee has consented in writing to such Overlashing. Overlashing performed under this Article II, Paragraph K (3) shall not increase the fees and charges paid by Attaching Utility pursuant to Appendix A, Item 1. Nothing in this Agreement shall prevent Attaching Utility from seeking a contribution from an Overlashing third party to defray fees and charges paid by Attaching Utility2. 4. Make-Ready Work procedures set forth in Article VII shall apply, as necessary, to all Overlashing.

Overlashing. The following provisions will apply to Overlashing: 1. i. Overlashing is subject to the permitting requirements of Article VISection 7. Absent such authorisationauthorization, Overlashing constitutes an unauthorised unauthorized Attachment and is subject to the Unauthorised Unauthorized Attachment fee specified in Appendix A, Item 23. 2ii. Overlashing performed by or on behalf of the Attaching Utility Licensee or its Affiliate shall not increase the Annual Attachment Fee paid by Attaching Utility set forth in the Licensee pursuant to Appendix A, Item 1. Attaching Utility Licensee or Attaching Utility’s its Affiliate, however, shall be responsible for all Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate Annual Attachment Fee for such Overlashed Attachment. 3iii. If Overlashing is required to accommodate facilities of a third party that is not affiliated with Attaching Utility, such third party must enter into a separate License Agreement with Owner Utility DED and obtain Permits and must pay a separate Attachment Fee (Appendix A, Item 1) ), as well as the costs of all necessary Make- Ready Work required to accommodate the Overlashing. No such Permits to third parties may shall be granted by Owner Utility DED allowing Overlashing of Attaching UtilityLicensee’s Facilities Attachments unless Attaching Utility Licensee has consented in writing to such Overlashing. Overlashing performed under this Article II, Paragraph K (3) shall not increase the fees and charges paid by Attaching Utility Licensee pursuant to Appendix A, Item 1. Nothing in this Agreement shall prevent Attaching Utility the Licensee from seeking a contribution from an Overlashing third party to defray fees and charges paid by Attaching Utilitythe Licensee. 4iv. Make-Ready Work procedures set forth in Article VII Section 4, f shall apply, as necessary, to all Overlashing.

Overlashing. The following provisions will apply to Overlashing: 1. A. A Permit shall be required for each Overlashing is subject to the permitting requirements of Article VIin accordance with Section 6.0. Absent such authorisationauthorization, Overlashing constitutes an unauthorised unauthorized Attachment and is subject to the Unauthorised Attachment fee specified Unauthorized Access Penalty Fee as defined in Appendix A, Item 2Section 14.0. 2B. When Licensee desires to Overlash its own Communications Facilities to an existing permitted Attachment, Licensee shall submit a written Permit application to the Town for the Overlashing. The application for a Permit to Overlash must include a detailed description of the proposed Overlashing that includes a list of the Pole(s) affected, the existing permitted Attachment(s) affected, and a description of the Communications Facilities, including size and weight, to be Overlashed. Town shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.3. C. Overlashing performed by or on behalf of the Attaching Utility or its Affiliate pursuant to Paragraph 2.12.B shall not increase the Annual annual Attachment Fee paid by Attaching Utility set forth in Appendix A, Item 1Licensee. Attaching Utility or Attaching Utility’s AffiliateLicensee, however, shall be responsible for all Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate Annual annual Attachment Fee for such Overlashed Attachment. 3. D. If Overlashing is required to accommodate facilities of a third party that is not affiliated with Attaching Utilityparty, such third party must enter into a separate Agreement license agreement with Owner Utility Town, obtain all applicable Permits, and obtain Permits and must pay a separate Attachment Fee (Appendix A, Item 1) as well as the costs of all necessary Make- Make-Ready Work required to accommodate the Overlashing. No The Town shall not issue such Permits to third parties may be granted by Owner Utility allowing that allow Overlashing of Attaching UtilityLicensee’s Communications Facilities unless Attaching Utility Licensee has consented in writing to such Overlashing. Overlashing performed under this Article II, Paragraph K (3) 2.12.D shall not increase the fees and charges paid by Attaching Utility pursuant to Appendix A, Item 1Licensee. Nothing in this Agreement shall prevent Attaching Utility Licensee from seeking a contribution from an Overlashing third party to defray fees and charges paid by Attaching UtilityLicensee. 4. E. Make-Ready Work procedures set forth in Article VII Section 7.0 shall apply, as necessary, to all Overlashing.

Overlashing. The following provisions will apply to Overlashing: 1. Permits shall be required for all Overlashing is subject pursuant to the permitting requirements of Article VI. Absent such authorisation, authorization Overlashing constitutes an unauthorised unauthorized Attachment and is subject to the Unauthorised an Unauthorized Attachment fee specified in Appendix A, Item 2.Fee 2. Permits for Overlashing Licensee’s Attachment(s) by Licensee or Licensee’s Affiliate, shall not be withheld by JEA if such Overlashing can be done consistent with Article II, Paragraph C. Affiliates of Licensee who only seek to overlash Licensee’s Attachments shall not be required to obtain a separate license agreement with JEA. Overlashing performed by or on behalf of the Attaching Utility or its Affiliate under this Article II, Paragraph L.2 shall not increase the Annual Attachment Fee or charges paid by Attaching Utility set forth in Licensee pursuant to Appendix A, Item 1. Attaching Utility or Attaching Utility’s A. Licensee and/or Affiliate, however, shall be responsible for all Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate Annual Attachment Fee for such Overlashed Attachment. 3. If Overlashing is required to accommodate facilities of a third party that who is not affiliated with Attaching UtilityLicensee, such third party must enter into a separate Agreement with Owner Utility and obtain Permits and must a License Agreement with JEA, and pay a separate an Annual Attachment Fee (Appendix A, Item 1) as well as the costs of all necessary Make- Ready Work required to accommodate the OverlashingFee. No such Permits to third parties may be granted by Owner Utility JEA allowing Overlashing of Attaching Utility’s Licensee's Communications Facilities unless Attaching Utility Licensee has consented in writing to such Overlashing. Overlashing performed under this Article II, Paragraph K (3) shall not increase the fees and charges paid by Attaching Utility pursuant to Appendix A, Item 1. Nothing in this Agreement shall prevent Attaching Utility from seeking a contribution from an Overlashing third party to defray fees and charges paid by Attaching Utility. 4. Make-Ready Work procedures set forth in Article VII shall apply, as necessary, to all Overlashing.Paragraph

Overlashing. The following provisions will apply to Overlashing: 1. 2.11.1 A Permit shall be obtained for each Overlashing is subject pursuant to the permitting requirements of Article VI6. Absent such authorisationauthorization, Overlashing constitutes an unauthorised unauthorized Attachment and is subject to the Unauthorised Unauthorized Attachment fee specified in Appendix A, Item 23. 22.11.2 If Licensee demonstrates that the Overlashing of Licensee’s Attachment(s) is required to accommodate Licensee’s Communications Facilities, and such overlashing does not exceed a combined cross-sectional area of three square inches (two-inch diameter), the Utility shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.3. Overlashing performed by or on behalf of the Attaching Utility or its Affiliate pursuant to this Paragraph 2.11.3 shall not increase the Annual Attachment Fee paid by Attaching Utility set forth in Licensee pursuant to Appendix A, Item 1. Attaching Utility or Attaching Utility’s AffiliateLicensee, however, shall be responsible for all Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate Annual Attachment Fee for such Overlashed Attachment. 3. 2.11.3 If Overlashing is required to accommodate facilities of a third party that is not affiliated with Attaching Utilityparty, such third party must enter into a separate Agreement license agreement with Owner the Utility and obtain Permits and must pay a separate Attachment Fee (Appendix A, Item 1) as well as the costs of all necessary Make- Make-Ready Work required to accommodate the Overlashing. No such Permits to third parties may be granted by Owner the Utility allowing Overlashing of Attaching UtilityLicensee’s Communications Facilities unless Attaching Utility Licensee has consented in writing to such Overlashing. Overlashing performed under this Article II, Paragraph K (3) shall not increase the fees and charges paid by Attaching Utility pursuant to Appendix A, Item 1. Nothing in this Agreement shall prevent Attaching Utility from seeking a contribution from an Overlashing third party to defray fees and charges paid by Attaching Utility2. 4. Make-Ready Work procedures set forth in Article VII shall apply, as necessary, to all Overlashing.

Overlashing. The following provisions (a) Advance Notice of OverLashing Required. Licensee must provide fifteen (15) days advance written notice, utilizing Verizon’s forms, to Verizon and all Existing Attachers on the affected Pole(s) prior to either (a) Overlashing on its own Attachments, (b) allowing a Third Party Overlash on Licensee’s Attachments or (c) Overlashing on a third party’s Attachments. Verizon will apply notify Licensee if the proposed Overlashing will create a capacity, safety, reliability or engineering issue and Licensee must address any identified issues with Verizon prior to Overlashing: 1continuing with the Overlash (whether the Overlash is being done by Licensee or a third party). Overlashing is subject to the permitting requirements of Article VI. Absent such authorisation, Overlashing constitutes an unauthorised Attachment and is subject to the Unauthorised Attachment fee specified in Appendix A, Item 2. 2. Overlashing performed by or on behalf of the Attaching Utility or its Affiliate shall not increase the Annual Attachment Fee paid by Attaching Utility set forth in Appendix A, Item 1. Attaching Utility or Attaching Utility’s Affiliate, however, shall be responsible for all If Verizon determines that Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate Annual Attachment Fee for such Overlashed Attachment. 3. If Overlashing is required prior to accommodate facilities the Overlash, then Verizon will provide Licensee with written notification of a third party that is not affiliated with Attaching Utility, such third party must enter into a separate Agreement with Owner Utility and obtain Permits and must pay a separate Attachment Fee (Appendix A, Item 1) as well as the costs of all necessary Make- Ready Work required to accommodate the Overlashing. No such Permits to third parties may be granted by Owner Utility allowing Overlashing of Attaching Utility’s Facilities unless Attaching Utility has consented in writing to such Overlashing. Overlashing performed under this Article II, Paragraph K (3) shall not increase the fees and charges paid by Attaching Utility pursuant to Appendix A, Item 1. Nothing in this Agreement shall prevent Attaching Utility from seeking a contribution from an Overlashing third party to defray fees and charges paid by Attaching Utility. 4. any Make-Ready Work procedures set forth required and an itemized xxxx for the Make-Ready Work within the fifteen (15) day notice period. Verizon will perform the Make-Ready Work following its receipt of Licensee’s payment of the invoiced amount and will complete the Make-Ready Work in compliance with applicable law. Any work required to correct pre-existing non-compliance not caused by Licensee will not be charged to Licensee. Final Cost. After Make-Ready is complete, if the final cost differs from the estimate, Verizon will provide Licensee with a final invoice of the actual Make-Ready Charges incurred. (b) Licensee is solely responsible for its equipment and Attachments and shall ensure that all Overlashing, including all Third Party Overlashing, complies with Article VII 7. Licensee is solely liable for all damage to a Pole(s) or other existing attachment on a Pole(s) that is caused by the Overlashing, including all Third Party Overlashing, and any Overlashing, including all Third Party Overlashing, that causes a safety issue or violates Article 7 and Licensee shall applybe liable, as necessaryat its sole expense, to all Overlashingmake repairs. (c) Post-Overlashing Review. Licensee shall notify Verizon within fifteen (15) days after completion of an Overlash that such Overlash is complete. If Licensee allowed a Third Party Overlash, then both Licensee and the third party must ensure that required notifications are sent to Verizon. Verizon shall have at least ninety (90) days after receipt of notice from Licensee to perform a Post-Construction Inspection. In the event that Verizon discovers any damage to the Pole(s) or equipment, safety violations or noncompliance with the Specifications caused by the Overlash, including a Third Party Overlash, Verizon will notify Licensee of the damage, safety issue and/or noncompliance. Verizon may either (a) complete any necessary remedial work and invoice Licensee for the associated costs, (b) require Licensee to fix the damage or noncompliance at its sole expense within fourteen (14) days of receipt of notice or (c) require Licensee to immediately remove the Overlash, or Third Party Overlash. It is Licensee’s responsibility to seek any reimbursement, if applicable, from a third party for any damage or noncompliance caused by a Third Party Overlash.