Pole Replacement for Licensee’s Benefit. Where an existing polePole is prematurely replaced (for reasons other than normal or abnormal decay) by a new polePole for the sole benefit of the Licensee, the Licensee shall reimburse the Pole Owner for all costs, including, but not limited to the cost in replacing the new polePole, the remaining life value of the existing polePole, lower and haul of the existing polePole (to the extent that this is performed by the Pole Owner), and topping of the existing polePole when performed either as an accommodation to Licensee or as required by NESC. Pole Owner shall credit the Licensee for salvage value of the existing polePole if it is not topped and it is less than ten years old. Pole Owner shall remove and may retain or dispose of such polePole as the sole owner thereof. Any payments for polesPoles made or work performed by the Licensee shall not entitle Licensee to ownership of any part of said polesPoles. If polePole replacement under this Section 3.14 benefits both Licensee and other polePole attachers, the costs shall be pro-rated among all benefiting attachers.
Appears in 2 contracts
Samples: Pole Attachment Agreement, Pole Attachment Agreement
Pole Replacement for Licensee’s Benefit. Where an existing polePole pole is prematurely replaced (for reasons other than normal or abnormal decay) by a new polePole pole for the sole benefit of the Licensee, the Licensee shall reimburse the Pole Owner OwnerCenturyLink for all costs, including, but not limited to the cost in replacing the new polePolepole, the remaining life value of the existing polePolepole, lower and haul of the existing polePole pole (to the extent that this is performed by the Pole OwnerOwnerCenturyLink), and topping of the existing polePole pole when performed either as an accommodation to Licensee or as required by NESC. Pole Owner OwnerCenturyLink shall credit the Licensee for salvage value of the existing polePole pole if it is not topped and it is less than ten years old. Pole Owner OwnerCenturyLink shall remove and may retain or dispose of such polePole pole as the sole owner thereof. Any payments for polesPoles poles made or work performed by the Licensee shall not entitle Licensee to ownership of any part of said polesPolespoles. If polePole pole replacement under this Section 3.14 benefits both Licensee and other polePole pole attachers, the costs shall be pro-rated among all benefiting attachers.
Appears in 1 contract
Samples: Pole Attachment Agreement
Pole Replacement for Licensee’s Benefit. Where an existing polePole is prematurely replaced (for reasons other than normal or abnormal decay) by a new polePole for the sole benefit of the Licensee, the Licensee shall reimburse the Pole Owner for all costs, including, but not limited to the cost in inof replacing the new polePolepole, the remaining life value of the existing polePole, lower and haul of the existing polePole pole (to the extent that this is performed by the Pole Owner), Owner),Pole (unless Licensee takes its own lower and haul action as defined in Section 7.06) and topping of the existing polePole when performed either as an accommodation to Licensee or as required by NESC. Pole Owner shall credit the Licensee for salvage value of the existing polePole pole if it is not topped and it is less than ten years old. Otherwise, Pole Owner shall remove and may retain or dispose of such polePole as the sole owner thereofthereof Pole. Any payments for polesPoles made or work performed by the Licensee shall not entitle Licensee to ownership of any part of said polesPoles. If polePole replacement under this Section 3.14 3.14section benefits both Licensee and other polePole attachers, not including Pole Owner, the costs shall be pro-rated among all benefiting attachers, not including Pole Owner.
Appears in 1 contract
Samples: Reciprocal Pole Attachment Agreement