Pole Replacement Clause Samples
The Pole Replacement clause outlines the responsibilities and procedures for replacing utility poles within the scope of an agreement. Typically, it specifies when and how a pole must be replaced, who bears the cost, and the standards or timelines for the replacement process. For example, it may require the service provider to replace damaged or outdated poles at their own expense and coordinate with relevant authorities to minimize service disruption. This clause ensures that infrastructure remains safe and reliable, and clarifies obligations to prevent disputes over maintenance and replacement duties.
Pole Replacement. (a) Subject to Section 7.4(f), if a Municipal Facility needs replacement or repair due to a traffic accident or deterioration, Licensee shall have the right to immediately replace the same at Licensor’s reasonable cost, not to exceed the charges the City would normally have incurred from its third party vendor. In such event, Licensor shall reimburse Licensee within thirty
Pole Replacement. (a) Subject to Section 7.3(b), if a Municipal Facility with Licensee Equipment needs replacement or repair due to damage, including a traffic accident or deterioration, Licensor may allow Licensee to perform maintenance or replacement a Licensor’s sole discretion, at Licensee’s cost. In the event that neither party elects to repair the Facility, Licensee shall cooperate with Licensor to temporarily relocate its Equipment, if necessary, in a location mutually acceptable to the Parties. Upon completion of the replacement, or repair, Licensor shall notify Licensee in order for Licensee to install its Equipment.
(b) In the event Licensor is responsible for replacing the Municipal Facility with a Replacement Pole, Licensor shall only be responsible for the cost of a standard pole, as described in Exhibit B, and Licensee shall be responsible for the cost of the Replacement Pole in excess of the cost of a standard pole, and for all other costs relating to replacement and activation of Equipment on the pole and any ancillary Facilities related to Licensee’s Network. For purposes of this Agreement, a “standard pole” is a pole that meets the minimum requirements to house the Municipal Facility without any of the Small Cell Facilities on the pole as contemplated herein.
Pole Replacement. Replace City-owned wood poles, concrete poles, and steel poles that are bending, leaning, deeply pitted, or with rust and/or holes along the shaft or base.
Pole Replacement. The City has the right to replace any City Facilities that it determines in its sole judgment is necessary for its municipal operations. If the City decides to replace a City Facility, it shall provide Company with at least sixty (60) days written notice to remove its SWF from the City Facility. At City’s option the applicable Site License Addendum will terminate upon the removal of the SWF or City may allow Company, at Company’s sole cost and expense, to relocate its SWF on the replacement pole.
Pole Replacement. (a) Subject to Section 7.6(f), if a Municipal Facility needs replacement or repair due to a traffic accident or deterioration, Licensee shall have the right to immediately replace the same at Licensor’s reasonable cost, not to exceed the charges the City would normally have incurred from its third party vendor. In such event, Licensor shall reimburse Licensee within thirty (30) days of Licensee’s receipt of an invoice. However, in the event Licensee elects in writing to have Licensor replace the Municipal Facility, Licensor shall perform such replacement within thirty (30) days thereafter, and Licensee shall cooperate with Licensor to temporarily relocate its Small Cell Equipment, if necessary. Upon completion of the replacement, Licensor shall notify Licensee in order for Licensee to install its Small Cell Equipment. Licensor shall retain ownership of the Replacement Pole.
(b) At Licensee’s option, Licensee may provide to Licensor, at Licensee’s cost, a spare pole sufficient to serve as a Replacement Pole, which will be stored at Licensor’s Public Works Yard (the “Yard”) at no cost to Licensee, and which will be available for use by Licensor and Licensee to replace the Municipal Facility as provided in this Section 7.6.
(c) In the event Licensee provides a spare pole, and elects in writing to have Licensor perform the replacement, Licensor will use the spare pole to replace the damaged existing pole within thirty (30) days of notice of the need for the replacement, and shall deliver the damaged pole and any damaged Small Cell Equipment to the Yard. In such an event, Licensor shall have ownership of the Replacement Pole.
(d) Licensor will contact Licensee to pick up the damaged Small Cell Equipment and Licensee can reinstall its Small Cell Equipment once the Replacement Pole is installed and functioning as a Municipal Facility.
(e) Licensee shall have the right to temporarily use a Municipal Facility for its operation during the replacement period at a location reasonably acceptable to both Licensor and Licensee.
(f) In the event Licensor is responsible for replacing the Municipal Facility with a Replacement Pole, Licensor shall only be responsible for the cost of a standard pole, and Licensee shall be responsible for the cost of the Replacement Pole in excess of the cost of a standard pole.
Pole Replacement. The City has the right to replace any City Poles that it determines, in its sole judgment, is necessary for its municipal operations. At City’s option, and upon sixty (60) days written notice, the applicable Site License Addendum will terminate and Company shall remove its Site Equipment from such City Pole, or the City may allow Company, at Company’s sole cost and expense to relocate its Site Equipment on the replacement City Pole.
Pole Replacement. IPL line crews doing pole replacement work shall not be responsible for transferring the equipment of non-IPL entities to the new pole.
