Overlashing. The following provisions will apply to Overlashing: 2.11.1 A Permit shall be obtained for each Overlashing pursuant to Article 6. Absent such authorization, Overlashing constitutes an unauthorized attachment and is subject to the unauthorized attachment fee specified in Appendix A, Item 3. 2.11.2 If Licensee demonstrates that the Overlashing of Licensee’s existing Attachment(s) is required to accommodate additional Attachments of Licensee, District shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.3. Overlashing performed pursuant to this Paragraph 2.11.2 shall not increase the annual attachment fee paid by Licensee pursuant to Appendix A, Item 1. Licensee, 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. 2.11.3 If Overlashing is required to accommodate facilities of a third party, such third party must enter into a license agreement with District 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 District allowing overlashing of Licensee’s Attachments unless Licensee has consented in writing to such Overlashing. 2.11.4 Make-Ready Work procedures set forth in Article 7 shall apply, as necessary, to all Overlashing.
Appears in 2 contracts
Samples: Pole Attachment License Agreement, Pole Attachment License Agreement
Overlashing. The following provisions will apply to Overlashing:
2.11.1 A Permit shall be obtained for each Overlashing pursuant to Article 6. Absent such authorization, Overlashing constitutes an unauthorized attachment Attachment and is subject to the unauthorized attachment Unauthorized Attachment fee specified in Appendix A, Item 3.
2.11.2 If Licensee demonstrates that the Overlashing of Licensee’s existing Attachment(s) is required to accommodate additional Attachments of Licensee’s Communications Facilities, District Utility shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.3. Overlashing performed pursuant to this Paragraph 2.11.2 shall not increase the annual attachment fee Annual Attachment Fee paid by Licensee pursuant to Appendix A, Item 1. Licensee, 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 Annual Attachment Fee for such Overlashed Attachment.
2.11.3 If Overlashing is required to accommodate facilities of a third party, such third party must enter into a license agreement with District Utility and obtain Permits and must pay a separate attachment fee 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 District Utility allowing overlashing Overlashing of Licensee’s Attachments Communications Facilities unless Licensee has consented in writing to such Overlashing.
2.11.4 Make-Ready Work procedures set forth in Article 7 shall apply, as necessary, to all Overlashing.
Appears in 1 contract
Samples: Pole Attachment License Agreement
Overlashing. The following provisions will apply to Overlashing:
2.11.1 A Permit shall be obtained for each Overlashing pursuant to Article 6. Absent such authorization, Overlashing constitutes an unauthorized attachment Attachment and is subject to the unauthorized attachment Unauthorized Attachment fee specified in Appendix A, Item 3.
2.11.2 If Licensee demonstrates that the Overlashing of Licensee’s existing Attachment(s) is required to accommodate additional Attachments of Licensee’s Communications Facilities, District City shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.3. Overlashing performed pursuant to this Paragraph 2.11.2 shall not increase the annual attachment fee Annual Attachment Fee paid by Licensee pursuant to Appendix A, Item 1. Licensee, 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 Annual Attachment Fee for such Overlashed Attachment.
2.11.3 If Overlashing is required to accommodate facilities of a third party, such third party must enter into a license agreement with District City and obtain Permits and must pay a separate attachment fee 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 District City allowing overlashing Overlashing of Licensee’s Attachments Communications Facilities unless Licensee has consented in writing to such Overlashing. Overlashing performed under this Paragraph 2.
2.11.4 Make-Ready Work procedures set forth in Article 7 shall apply, as necessary, to all Overlashing.
Appears in 1 contract
Samples: Pole Attachment License Agreement
Overlashing. The following provisions will apply to Overlashing:
2.11.1 A Permit shall be obtained for each Overlashing pursuant to Article 6. Absent such authorization, Overlashing constitutes an unauthorized attachment Attachment and is subject to the unauthorized attachment Unauthorized Attachment fee specified in Appendix A, Item 3.
2.11.2 If Licensee demonstrates that the Overlashing of Licensee’s existing Attachment(s) is required to accommodate additional Attachments Licensee’s Communications Facilities, and such overlashing does not exceed a combined cross-sectional area of Licenseethree square inches (two-inch diameter), District the Utility shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.3. Overlashing performed pursuant to this Paragraph 2.11.2 2.11.3 shall not increase the annual attachment fee Annual Attachment Fee paid by Licensee pursuant to Appendix A, Item 1. Licensee, 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 Annual Attachment Fee for such Overlashed Attachment.
2.11.3 If Overlashing is required to accommodate facilities of a third party, such third party must enter into a license agreement with District the Utility and obtain Permits and must pay a separate attachment fee 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 District allowing overlashing of Licensee’s Attachments unless Licensee has consented in writing to such Overlashing.
2.11.4 Make-Ready Work procedures set forth in Article 7 shall apply, as necessary, to all Overlashing.
Appears in 1 contract
Samples: Pole Attachment License Agreement
Overlashing. The following provisions will apply to Overlashing:
2.11.1 A Permit shall be obtained 1. Overlashing after the Effective Date, other than for each Overlashing pursuant to Article 6. Absent such authorization, Overlashing constitutes an unauthorized attachment and maintenance is subject to the unauthorized attachment fee specified in Appendix A, Item 3permitting requirements of Article VI.
2.11.2 If Licensee demonstrates that the Overlashing of Licensee’s existing Attachment(s) is required to accommodate additional Attachments of Licensee, District shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.32. Overlashing performed pursuant to this Article II, Paragraph 2.11.2 L.2 shall not increase the annual attachment fee Annual Attachment Fee paid by Licensee pursuant to Appendix A, Item 1. I. Licensee or Licensee's Affiliate, however, shall be responsible for all Make-Ready Work and other charges associated with the Overlashing but Overlashing. Licensee shall not be required have to pay a separate annual attachment fee Annual Attachment Fee for such Overlashed Attachment.
2.11.3 3. If Overlashing is required to accommodate facilities of a third party, not affiliated with Licensee, such third party must enter into a license agreement License Agreement with District and RMU, obtain Permits and must pay a separate attachment fee Attachment Fee (Appendix A, Item 1I) as well as the costs of all necessary Make-Ready Work required to accommodate the Overlashing. No RMU shall not grant such Permits to third parties may be granted by District allowing overlashing Overlashing of Licensee’s Attachments unless 's Communications Facilities without Licensee's consent. Overlashing performed under this Article II, Paragraph L.3 shall not increase the fees and charges paid by Licensee has consented pursuant to Appendix A, Item I. Nothing in writing this Agreement shall prevent Licensee from seeking a contribution from an Overlashing third party to such Overlashingdefray fees and charges paid by Licensee.
2.11.4 4. Make-Ready Work procedures set forth in Article 7 VII shall apply, as necessary, to all Overlashing.
Appears in 1 contract
Samples: Pole Attachment Licensing Agreement
Overlashing. The following provisions will apply to Overlashing:
2.11.1 A Permit shall be obtained for each Overlashing pursuant to Article 6. Absent such authorization, Overlashing constitutes an unauthorized attachment Attachment and is subject to the unauthorized attachment Unauthorized Attachment fee specified in Appendix A, Item 3.
2.11.2 If Licensee demonstrates that the Overlashing of Licensee’s existing Attachment(s) is required to accommodate additional Attachments of Licensee’s Communications Facilities, District Utility shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.3. Overlashing performed pursuant to this Paragraph 2.11.2 shall not increase the annual attachment fee Annual Attachment Fee paid by Licensee pursuant to Appendix A, Item 1. Licensee, 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 Annual Attachment Fee for such Overlashed Attachment.
2.11.3 If Overlashing is required to accommodate facilities of a third partyparty not affiliated with Licensee, such third party must enter into a license agreement with District Utility and obtain Permits and must pay a separate attachment fee 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 District Utility allowing overlashing Overlashing of Licensee’s Attachments Communications Facilities unless Licensee has consented in writing to such Overlashing. Overlashing performed under this Paragraph 2.
2.11.4 Make-Ready Work procedures set forth in Article 7 shall apply, as necessary, to all Overlashing.
Appears in 1 contract
Samples: Pole Attachment License Agreement
Overlashing. The following provisions will apply to Overlashing:
2.11.1 A Permit 1. Permits shall be required for all Overlashing and shall be obtained for each Overlashing pursuant to Article 6VI. Absent such authorization, Overlashing constitutes an unauthorized attachment and is subject to the unauthorized attachment fee specified in Appendix A, Item 3Attachment.
2.11.2 2. If Licensee demonstrates that the Overlashing of Licensee’s existing Attachment(s) is required to accommodate additional Attachments the Communications Facilities of Licensee or Licensee’s Affiliate, District Permits shall not withhold Permits for be withheld by Utility if such Overlashing if it can be done consistent with Article II, Paragraph 2.3. Overlashing performed pursuant to this Paragraph 2.11.2 shall not increase the annual attachment fee paid by Licensee pursuant to Appendix A, Item 1C and where Licensee’s Affiliate has entered into a license agreement with Utility. Licensee, however, ’s Affiliate 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 AttachmentOverlashing.
2.11.3 3. If Overlashing is required to accommodate facilities of a third party, such third party must enter into a license agreement with District and obtain Permits and must pay Utility. Utility will not grant a separate attachment fee (Appendix A, Item 1) as well as permit to a third-party for the costs purpose of all necessary Make-Ready Work required to accommodate the Overlashing. No such Permits to third parties may be granted by District allowing overlashing of Overlashing Licensee’s Attachments 's Communications Facilities unless Licensee has consented in writing to such Overlashing. Overlashing performed under this Article II, Paragraph M.3. shall not increase the Attachment Fees or other charges paid by Licensee pursuant to Appendix A. Nothing in this Agreement shall prevent Licensee from seeking a contribution from an Overlashing third party to defray fees and charges paid by Licensee.
2.11.4 4. The Make-Ready Work procedures set forth in Article 7 VII shall apply, as necessary, to all Overlashing.
Appears in 1 contract
Samples: Licensing Agreement
Overlashing. The following provisions will apply to Overlashing:
2.11.1 A Permit shall be obtained for each Overlashing pursuant to Article 6. Absent such authorization, Overlashing constitutes an unauthorized attachment Attachment and is subject to the unauthorized attachment Unauthorized Attachment fee specified in Appendix A, Item 3.
2.11.2 If Licensee demonstrates that the Overlashing of Licensee’s existing Attachment(s) is required to accommodate additional Attachments of Licensee’s Communications Facilities, District Utility shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.3. Overlashing performed pursuant to this Paragraph 2.11.2 shall not increase the annual attachment fee paid by Licensee pursuant to Appendix A, Item 1. Licensee, 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.with
2.11.3 If Overlashing is required to accommodate facilities of a third party, such third party must enter into a license agreement with District Utility and obtain Permits and must pay a separate attachment fee 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 District Utility allowing overlashing Overlashing of Licensee’s Attachments Communications Facilities unless Licensee has consented in writing to such Overlashing. Overlashing performed under this Paragraph 2.
2.11.4 Make-Ready Work procedures set forth in Article 7 shall apply, as necessary, to all Overlashing.
Appears in 1 contract
Samples: Pole Attachment License Agreement