Common use of Pole Owner’s Rights to Use Poles Clause in Contracts

Pole Owner’s Rights to Use Poles. Pole Owner reserves to itself the right to maintain the poles and to operate its Equipment thereon in such manner as will best enable it to fulfill its own core service requirements, and Pole Owner shall not be liable to Licensee or Licensee’s customers for any interruption to Licensee's service or for any interference with the operation of Licensee's Equipment arising in any manner, from the use, maintenance, and repair of the poles and the Equipment thereon or from the removal of Attachments or other Equipment from the poles by Pole Owner in accordance with the provisions of this Agreement, except for Pole Owner’s negligence or willful misconduct. Pole Owner will, however, except in cases of emergency, use reasonable efforts to contact Licensee prior to making changes that will affect Licensee’s Attachments, but in any event will contact Licensee as soon as practicable thereafter. Section 3.11 Third-party Consents, Permits, Licenses, Easements, Rights-of-way or Grants The right of access to Pole Owner’s poles granted by this Agreement does not include any right of access to the land upon which the pole is situated nor does it include any right to cross the land from pole-to-pole with Licensee’s Equipment and such access rights are specifically disclaimed. Licensee is solely responsible for obtaining from public authorities and private owners of real property and maintaining in effect any and all consents, permits, licenses, easements, rights-of-way or grants that are necessary for the lawful exercise by Licensee of the permission granted by Pole Owner in response to any application approved hereunder. Licensee agrees to indemnify, defend and hold harmless Pole Owner against and from any and all third party claims, demands, law suits, losses, costs and damages, including attorney’s fees, to the extent arising from Licensee failure, or alleged failure to have the requisite authority.