POLE REPLACEMENTS AND REARRANGEMENTS. Upon receipt of an application for a pole license, Licensor or Licensor’s designee will make appropriate Make-Ready Survey of the poles listed therein in consultation with any Joint Users and, if the Licensee shall so desire, with the Licensee's representatives. The Licensor and Joint User shall determine, among other things, whether, in order to accommodate the attachments of the Licensee, any rearrangements or changes are necessary in the facilities, including guying and anchoring, of the Licensor or of other Joint Users or of others with attachment rights, and whether any poles require replacement by taller or stronger poles, all such work and other work required in connection therewith being sometimes hereinafter referred to as "Physical Make-Ready Work." The Licensor shall notify the Licensee as to which poles are available without Physical Make-Ready Work; those poles upon which Physical Make-Ready Work is required together with a description of the Physical Make-Ready Work and cost thereof; the exact location on the poles where Licensee's attachment shall be made; the cost of making the Make-Ready Survey and determining the cost of the Physical Make-Ready Work; all items being listed on the form of the licensee Exhibit #5 annexed. In the event a Make-Ready Survey indicates a pole loading analysis is required due to the Licensee’s request for attachment, the Licensor will provide the Licensee with a proposal for such analysis for the Licensee’s review and acceptance. Upon acceptance and receipt of advance payment from the Licensee, the Licensor will perform the pole loading analysis. Upon acceptance of the items shown on the form of the license and the disposition from any required pole loading analysis, the Licensor will xxxx the Licensee for the required Physical Make-Ready Work items, and said payment shall be made within thirty days from the date on the xxxx. However, the Licensor reserves the right to assign the pole loading analysis to its engineering contractor or to the Licensee to hire and accepted National Grid engineering contractor to perform the pole loading analysis in accordance with Attachment 4 of the National Grid Distribution Pole Aerial Third Party Attachment Requirements. National Grid shall review and accept all pole loading analyses performed by an engineering contractor hired either by National Grid or the Licensee. The Licensee will be responsible for the Cost of the pole loading analysis review in advance of National Grid performing such review. The Licensor and Joint User at their sole option may require full payment in advance before Physical Make-Ready Work is scheduled and started. After completion of the Physical Make-Ready Work, the form of license executed by the Licensor and Licensee will be the license for Licensee's attachment to the poles listed thereon. In the event the Licensee withdraws any or all of the application referred to in Article II, Section (c) after completion of the Make-Ready Survey and/or Physical Make-Ready Work, the Licensee shall pay to the Licensor and Joint User the Cost for making the survey, determining Costs referred to in this Article, and all Physical Make-Ready Work performed. The Licensee shall make payment within 30 days of the date of the xxxx for such charges. Proposal costs for any Make-Ready Survey or Physical Make-Ready Work shall remain in effect for a period of sixty (60) days after the date on the proposal submitted to the Licensee. Any change in the scope by the Licensee to a pole attachment request following the proposal acceptance and prepayment of such request, shall be presented to the Licensor in writing by the Licensee. Such change in scope will be reviewed by the Licensor and at its sole discretion may be deemed as a new or separate pole attachment request. This may result in the re-scheduling of the initial Make-Ready Survey or the scheduling of additional Make-Ready Survey(s), based on the nature of the change in scope. All additional Costs shall be paid to the Licensor by the Licensee prior to the continuation of any additional and affected work. The rates used to determine such Costs are subject to change in order to reflect just and reasonable costs incurred by the Licensor. The Licensor reserves the right to require a “re-survey” of any pole attachment request, whereby an initial or subsequent Make-Ready Survey has occurred sixty (60) days prior to the Licensee’s approval of the proposal and pre-payment of the associated Physical Make-Ready Work. Items for Physical Make-Ready Work not receiving the Licensee’s approval of the proposal and pre-payment within sixty (60) days from the date of the proposal, may require a re-survey and/or re-estimate, in which case the re-estimated cost for the Physical Make-Ready Work will apply. The Licensee shall pay the Licensor in advance for all associated Costs to perform any required re-survey or re-estimating work to be performed by the Licensor. The Licensor shall perform the Physical Make-Ready Work at the costs itemized on the application for license, as approved and paid for in advance by the Licensee. At its sole option, the Licensor may contract the Physical Make-Ready Work to an independent contractor, in which case the Cost to the Licensee for the Physical Make-Ready Work shall be all of the contractor's requisite and incremental cost plus all costs for labor, materials, equipment, supplies, supervision, project management, (including overhead, profit and applicable taxes), and all internal Cost incurred by the Licensor, as defined in Article I. The rates used to determine such Costs are subject to change in order to reflect just and reasonable costs incurred by the Licensor. Additional make-ready necessitated by changes in the service needs of Licensor or a Joint User will not be billable to Licensee unless such changes are necessitated or caused by the Licensee’s pole attachment. Additional make-ready cost stemming from the activities or requirements of an attacher other than the Licensee shall not the responsibility of Licensee and are to be borne by such other attacher. When additional make-ready or related work is required as a result of circumstances beyond anyone's control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. If, in the Licensor's judgment, after the granting of any license to the Licensee, any hazardous conditions require the moving of the Licensee's facilities or any modification in the Licensee's plant, the Licensee agrees to make such changes at its own expense within five (5) days after the Licensor sends a notice to such effect or within such shorter period as is feasible. If, in the Licensor's judgment, the service needs of the Licensor or of any Joint User require modifications in the Licensor's plant or in the plant of a Joint User, including, without limiting the generality of the foregoing, the replacement of a pole or poles, and if such modifications would not be necessary except for the Licensee's occupancy of space on the poles, the Licensee agrees that such modifications shall be additional Physical Make-Ready Work under this Agreement and that the Licensee shall pay the costs for such additional Physical Make-Ready Work in accordance with the provisions of this Article VI. In the event that the Joint Users and other attachers also have equipment attached to the pole or poles, the cost of such additional Physical Make-Ready Work, including conditions of non-compliance with the Specifications stated in Article IV, shall be assigned to the Licensee and any other responsible attacher in proportions as determined by the Licensor. In the event of the Licensee's failure to comply with any request made by the Licensor under this Section, the Licensor shall have the option to cancel the Licensee's license with respect to any pole affected by the Licensee's failure or to perform the Physical Make-Ready Work and charge Licensee in accordance with the provision of this Article VI. Similar work required after initial attachment to a pole solely because of the existence of Licensee attachments shall be referred to as "Additional Make-Ready Work." The Licensor shall perform Physical Make-Ready Work or arrange to have it performed according to a schedule of poles per month appended hereto as Appendix A. Where the Physical Make-Ready Work capability of Licensor is exceeded in aggregate by applications received from two (2) or more Licensees, Physical Make-Ready Work forces shall be assigned among the applicants according to a procedure set forth in Appendix A. Licensee agrees to reimburse the owner or owners of other facilities attached to Licensor's poles for any expense incurred by it or them in transferring or rearranging said facilities to accommodate Licensee's attachments. Licensee agrees to work in harmony with the terms and conditions of the Licensor’s pole attachment agreements and that of the Joint User. The Licensee also agrees to ensure that its workforce performs its work in harmony with all trades, crafts, and other personnel while on the property of the Licensor and/or Joint User. Licensee shall not be entitled to reimbursement of any amounts paid to Licensor for pole replacements or for the rearrangement or transfer of facilities on Licensor's poles by reason of the use of any of the pole space so acquired by Licensor or other authorized user. When multiple applications, including application of Licensee and Licensee's competitors or others, are received by the Licensor with respect to any pole which must be replaced or rearranged to provide additional space prior to commencement of the Physical Make-Ready Work on the pole, Licensor will endeavor to prorate to the extent that it is practical between Licensee and to other applicants for pole space, the common expenses of engineering, rearrangement, and replacement, if any, which result from the processing of multiple applications. Licensee shall be bound by Licensor's determination as to any such portion of expenses.
Appears in 2 contracts
Samples: Clec Distribution Pole Attachment Agreement, Clec Distribution Pole Attachment Agreement
POLE REPLACEMENTS AND REARRANGEMENTS. Upon receipt of an application for a pole license, Licensor or Licensor’s designee will make appropriate Make-Ready Survey of the poles listed therein in consultation with any Joint Users and, if the Licensee shall so desire, with the Licensee's representatives. The Licensor and Joint User shall determine, among other things, whether, in order to accommodate the attachments of the Licensee, any rearrangements or changes are necessary in the facilities, including guying and anchoring, of the Licensor or of other Joint Users or of others with attachment rights, and whether any poles require replacement by taller or stronger poles, all such work and other work required in connection therewith being sometimes hereinafter referred to as "Physical Make-Ready Work." The Licensor shall notify the Licensee as to which poles are available without Physical Make-Ready Work; those poles upon which Physical Make-Ready Work is required together with a description of the Physical Make-Ready Work and cost thereof; the exact location on the poles where Licensee's attachment shall be made; the cost of making the Make-Ready Survey and determining the cost of the Physical Make-Ready Work; all items being listed on the form of the licensee Exhibit #5 A annexed. In the event a Make-Ready Survey indicates a pole loading analysis is required due to the Licensee’s request for attachment, the Licensor will provide the Licensee with a proposal for such analysis for the Licensee’s review and acceptance. Upon acceptance and receipt of advance payment from the Licensee, the Licensor will perform the pole loading analysis. Upon acceptance of the items shown on the form of the license and the disposition from any required pole loading analysis, the Licensor will xxxx the Licensee for the required Physical Make-Ready Work items, and said payment shall be made within thirty days from the date on the xxxx. However, the Licensor reserves the right to assign the pole loading analysis to its engineering contractor or to the Licensee to hire and accepted National Grid engineering contractor to perform the pole loading analysis in accordance with Attachment 4 of the National Grid Distribution Pole Aerial Third Party Attachment Requirements. National Grid shall review and accept all pole loading analyses performed by an engineering contractor hired either by National Grid or the Licensee. The Licensee will be responsible for the Cost of the pole loading analysis review in advance of National Grid performing such review. The Licensor and Joint User at their sole option may require full payment in advance before Physical Make-Ready Work is scheduled and started. After completion of the Physical Make-Ready Work, the form of license executed by the Licensor and Licensee will be the license for Licensee's attachment to the poles listed thereon. In the event the Licensee withdraws any or all of the application referred to in Article II, Section (c) after completion of the Make-Ready Survey and/or Physical Make-Ready Work, the Licensee shall pay to the Licensor and Joint User the Cost for making the survey, determining Costs referred to in this Article, and all Physical Make-Ready Work performed. The Licensee shall make payment within 30 days of the date of the xxxx for such charges. Proposal costs for any Make-Ready Survey or Physical Make-Ready Work shall remain in effect for a period of sixty (60) 90 days after the date on the proposal submitted to the Licensee. Any change in the scope by the Licensee to a pole attachment request following the proposal acceptance and prepayment of such request, shall be presented to the Licensor in writing by the Licensee. Such change in scope will be reviewed by the Licensor and at its sole discretion may be deemed as a new or separate pole attachment request. This may result in the re-scheduling of the initial Make-Ready Survey or the scheduling of additional Make-Ready Survey(s), based on the nature of the change in scope. All additional Costs shall be paid to the Licensor by the Licensee prior to the continuation of any additional and affected work. The rates used to determine such Costs are subject to change in order to reflect just and reasonable costs incurred by the Licensor. The Licensor reserves the right to require a “re-survey” of any pole attachment request, whereby an initial or subsequent Make-Ready Survey has occurred sixty ninety (6090) days prior to the Licensee’s approval of the proposal and pre-payment of the associated Physical Make-Ready Work. Items for Physical Make-Ready Work not receiving the Licensee’s approval of the proposal and pre-payment within sixty ninety (6090) days from the date of the proposal, may require a re-survey and/or re-estimate, in which case the re-estimated cost for the Physical Make-Ready Work will apply. The Licensee shall pay the Licensor in advance for all associated Costs to perform any required re-survey or re-estimating work to be performed by the Licensor. The Licensor shall perform the Physical Make-Ready Work at the costs itemized on the application for license, as approved and paid for in advance by the Licensee. At its sole option, the Licensor may contract the Physical Make-Ready Work to an independent contractor, in which case the Cost to the Licensee for the Physical Make-Ready Work shall be all of the contractor's requisite and incremental cost plus all costs for labor, materials, equipment, supplies, supervision, project management, (including overhead, profit and applicable taxes), and all internal Cost incurred by the Licensor, as defined in Article I. The rates used to determine such Costs are subject to change in order to reflect just and reasonable costs incurred by the Licensor. Additional make-ready necessitated by changes in the service needs of Licensor or a Joint User will not be billable to Licensee unless such changes are only after two (2) years have elapsed since the date of initial attachment, and only when necessitated or caused by the Licensee’s pole attachmentpresence of Licensee equipment. Additional make-ready cost stemming from the activities or requirements of an attacher third parties other than the Licensee shall Joint Users is not the responsibility of Licensee and are but is to be borne by such other attacherthird party. When additional make-ready or related work is required as a result of circumstances beyond anyone's control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilitiesfacilities and for the additional costs incurred by Licensor or a Joint User solely resulting from the existence of Licensee's attachments, if any. If, in the Licensor's judgment, after the granting of any license to the Licensee, any hazardous conditions require the moving of the Licensee's facilities or any modification in the Licensee's plant, the Licensee agrees to make such changes at its own expense within five (5) days after the Licensor sends a notice to such effect or within such shorter period as is feasible. If, in the Licensor's judgment, the service needs of the Licensor or of any Joint User require modifications in the Licensor's plant or in the plant of a Joint User, including, without limiting the generality of the foregoing, the replacement of a pole or poles, and if such modifications would not be necessary except for the Licensee's occupancy of space on the poles, the Licensee agrees that such modifications shall be additional Physical Make-Ready Work under this Agreement and that the Licensee shall pay the costs for such additional Physical Make-Ready Work in accordance with the provisions of this Article VI. In the event that the a company or companies other than Joint Users and other attachers also has or have equipment attached to the pole or poles, the cost of such additional Physical Make-Ready Work, including conditions of non-compliance with the Specifications stated in Article IV, Work shall be assigned to apportioned among the Licensee and any the other responsible attacher Licensee or Licensees in proportions as determined by b the Licensor. However, the Licensee shall not bear the costs of the additional Physical Make-Ready Work necessitated for the service needs of the Licensor or Joint User on poles licensed less than two (2) years. In the event of the Licensee's failure to comply with any request made by the Licensor under this Section, the Licensor shall have the option to cancel the Licensee's license with respect to any pole affected by the Licensee's failure or to perform the Physical Make-Ready Work and charge Licensee in accordance with the provision of this Article VI. Similar work required after initial attachment to a pole solely because of the existence of Licensee attachments shall be referred to as "Additional Make-Ready Work." The Licensor shall perform Physical Make-Ready Work or arrange to have it performed according to a schedule of poles per month appended hereto as Appendix A. Where the Physical Make-Ready Work capability of Licensor is exceeded in aggregate by applications received from two (2) or more Licensees, Physical Make-Ready Work forces shall be assigned among the applicants according to a procedure set forth in Appendix A. Licensee agrees to reimburse the owner or owners of other facilities attached to Licensor's poles for any expense incurred by it or them in transferring or rearranging said facilities to accommodate Licensee's attachments. Licensee agrees to work in harmony with the terms and conditions of the Licensor’s pole attachment agreements and that of the Joint User. The Licensee also agrees to ensure that its workforce performs its work in harmony with all trades, crafts, and other personnel while on the property of the Licensor and/or Joint User. Licensee shall not be entitled to reimbursement of any amounts paid to Licensor for pole replacements or for the rearrangement or transfer of facilities on Licensor's poles by reason of the use of any of the pole space so acquired by Licensor or other authorized user. When multiple applications, including application of Licensee and Licensee's competitors or others, are received by the Licensor with respect to any pole which must be replaced or rearranged to provide additional space prior to commencement of the Physical Make-Ready Work on the pole, Licensor will endeavor to prorate to the extent that it is practical between Licensee and to other applicants for pole space, the common expenses of engineering, rearrangement, and replacement, if any, which result from the processing of multiple applications. Licensee shall be bound by Licensor's determination as to any such portion of expenses.
Appears in 1 contract
POLE REPLACEMENTS AND REARRANGEMENTS. (a) Upon receipt of an application for a pole license, Licensor or Licensor’s designee will make appropriate Make-Ready Survey of the poles listed therein in consultation with any Joint Users and, if the Licensee shall so desire, with the Licensee's representatives. The Licensor and Joint User shall determine, among other things, whether, in order to accommodate the attachments of the Licensee, any rearrangements or changes are necessary in the facilities, including guying and anchoring, of the Licensor or of other Joint Users or of others with attachment rights, and whether any poles require replacement by taller or stronger poles, all such work and other work required in connection therewith being sometimes hereinafter referred to as "Physical Make-Ready Work." The Licensor shall notify the Licensee as to which poles are available without Physical Make-Ready Work; those poles upon which Physical Make-Ready Work is required together with a description of the Physical Make-Ready Work and cost thereof; the exact location on the poles where Licensee's attachment shall be made; the cost of making the Make-Ready Survey and determining the cost of the Physical Make-Ready Work; all items being listed on the form of the licensee Exhibit #5 A annexed. In the event a Make-Ready Survey indicates a pole loading analysis is required due to the Licensee’s request for attachment, the Licensor will provide the Licensee with a proposal for such analysis for the Licensee’s review and acceptance. Upon acceptance and receipt of advance payment from the Licensee, the Licensor will perform the pole loading analysis. Upon acceptance of the items shown on the form of the license and the disposition from any required pole loading analysis, the Licensor will xxxx the Licensee for the required Physical Make-Ready Work items, and said payment shall be made within thirty days from the date on the xxxx. However, the Licensor reserves the right to assign the pole loading analysis to its engineering contractor or to the Licensee to hire and accepted National Grid engineering contractor to perform the pole loading analysis in accordance with Attachment 4 of the National Grid Distribution Pole Aerial Third Party Attachment Requirements. National Grid shall review and accept all pole loading analyses performed by an engineering contractor hired either by National Grid or the Licensee. The Licensee will be responsible for the Cost of the pole loading analysis review in advance of National Grid performing such review. The Licensor and Joint User at their sole option may require full payment in advance before Physical Make-Ready Work is scheduled and started. After completion of the Physical Make-Ready Work, the form of license executed by the Licensor and Licensee will be the license for Licensee's attachment to the poles listed thereon. In the event the Licensee withdraws any or all of the application referred to in Article II, Section (c) after completion of the Make-Ready Survey and/or Physical Make-Ready Work, the Licensee shall pay to the Licensor and Joint User the Cost for making the survey, determining Costs referred to in this Article, and all Physical Make-Ready Work performed. The Licensee shall make payment within 30 days of the date of the xxxx for such charges. Proposal costs for any Make-Ready Survey or Physical Make-Ready Work shall remain in effect for a period of sixty (60) days after the date on the proposal submitted to the Licensee. Any change in the scope by the Licensee to a pole attachment request following the proposal acceptance and prepayment of such request, shall be presented to the Licensor in writing by the Licensee. Such change in scope will be reviewed by the Licensor and at its sole discretion may be deemed as a new or separate pole attachment request. This may result in the re-scheduling of the initial Make-Ready Survey or the scheduling of additional Make-Ready Survey(s), based on the nature of the change in scope. All additional Costs shall be paid to the Licensor by the Licensee prior to the continuation of any additional and affected work. The rates used to determine such Costs are subject to change in order to reflect just and reasonable costs incurred by the Licensor. The Licensor reserves the right to require a “re-survey” of any pole attachment request, whereby an initial or subsequent Make-Ready Survey has occurred sixty (60) days prior to the Licensee’s approval of the proposal and pre-payment of the associated Physical Make-Ready Work. Items for Physical Make-Ready Work not receiving the Licensee’s approval of the proposal and pre-payment within sixty (60) days from the date of the proposal, may require a re-survey and/or re-estimate, in which case the re-estimated cost for the Physical Make-Ready Work will apply. The Licensee shall pay the Licensor in advance for all associated Costs to perform any required re-survey or re-estimating work to be performed by the Licensor. The Licensor shall perform the Physical Make-Ready Work at the costs itemized on the application for license, as approved and paid for in advance by the Licensee. At its sole option, the Licensor may contract the Physical Make-Ready Work to an independent contractor, in which case the Cost to the Licensee for the Physical Make-Ready Work shall be all of the contractor's requisite and incremental cost plus all costs for labor, materials, equipment, supplies, supervision, project management, (including overhead, profit and applicable taxes), and all internal Cost incurred by the Licensor, as defined in Article I. The rates used to determine such Costs are subject to change in order to reflect just and reasonable costs incurred by the Licensor. Additional make-ready necessitated by changes in the service needs of Licensor or a Joint User will not be billable to Licensee unless such changes are necessitated or caused by the Licensee’s pole attachment. Additional make-ready cost stemming from the activities or requirements of an attacher other than the Licensee shall not the responsibility of Licensee and are to be borne by such other attacher. When additional make-ready or related work is required as a result of circumstances beyond anyone's control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. If, in the Licensor's judgment, after the granting of any license to the Licensee, any hazardous conditions require the moving of the Licensee's facilities or any modification in the Licensee's plant, the Licensee agrees to make such changes at its own expense within five (5) days after the Licensor sends a notice to such effect or within such shorter period as is feasible. If, in the Licensor's judgment, the service needs of the Licensor or of any Joint User require modifications in the Licensor's plant or in the plant of a Joint User, including, without limiting the generality of the foregoing, the replacement of a pole or poles, and if such modifications would not be necessary except for the Licensee's occupancy of space on the poles, the Licensee agrees that such modifications shall be additional Physical Make-Ready Work under this Agreement and that the Licensee shall pay the costs for such additional Physical Make-Ready Work in accordance with the provisions of this Article VI. In the event that the Joint Users and other attachers also have equipment attached to the pole or poles, the cost of such additional Physical Make-Ready Work, including conditions of non-compliance with the Specifications stated in Article IV, shall be assigned to the Licensee and any other responsible attacher in proportions as determined by the Licensor. In the event of the Licensee's failure to comply with any request made by the Licensor under this Section, the Licensor shall have the option to cancel the Licensee's license with respect to any pole affected by the Licensee's failure or to perform the Physical Make-Ready Work and charge Licensee in accordance with the provision of this Article VI. Similar work required after initial attachment to a pole solely because of the existence of Licensee attachments shall be referred to as "Additional Make-Ready Work." The Licensor shall perform Physical Make-Ready Work or arrange to have it performed according to a schedule of poles per month appended hereto as Appendix A. Where the Physical Make-Ready Work capability of Licensor is exceeded in aggregate by applications received from two (2) or more Licensees, Physical Make-Ready Work forces shall be assigned among the applicants according to a procedure set forth in Appendix A. Licensee agrees to reimburse the owner or owners of other facilities attached to Licensor's poles for any expense incurred by it or them in transferring or rearranging said facilities to accommodate Licensee's attachments. Licensee agrees to work in harmony with the terms and conditions of the Licensor’s pole attachment agreements and that of the Joint User. The Licensee also agrees to ensure that its workforce performs its work in harmony with all trades, crafts, and other personnel while on the property of the Licensor and/or Joint User. Licensee shall not be entitled to reimbursement of any amounts paid to Licensor for pole replacements or for the rearrangement or transfer of facilities on Licensor's poles by reason of the use of any of the pole space so acquired by Licensor or other authorized user. When multiple applications, including application of Licensee and Licensee's competitors or others, are received by the Licensor with respect to any pole which must be replaced or rearranged to provide additional space prior to commencement of the Physical Make-Ready Work on the pole, Licensor will endeavor to prorate to the extent that it is practical between Licensee and to other applicants for pole space, the common expenses of engineering, rearrangement, and replacement, if any, which result from the processing of multiple applications. Licensee shall be bound by Licensor's determination as to any such portion of expenses.
Appears in 1 contract
POLE REPLACEMENTS AND REARRANGEMENTS. (a) Upon receipt of an application for a pole license, Licensor or Licensor’s designee will make appropriate Make-Ready Survey surveys of the poles listed therein in consultation with any Joint Users and, if the Licensee shall so desire, with the Licensee's representatives. The Licensor and Joint User shall determine, among other things, whether, in order to accommodate the attachments of the Licensee, any rearrangements or changes are necessary in the facilities, including guying and anchoring, of the Licensor or of other Joint Users or of others with attachment rights, whether any poles require strengthening, and whether any poles require replacement by taller or stronger poles, all such work and other work required in connection therewith being sometimes hereinafter referred to as "Physical Makemake-Ready Workready work." The Licensor shall notify the Licensee as to which poles are available without Physical Makemake-Ready Workready work; those poles upon which Physical Makemake-Ready Work ready work is required together with a description of the Physical Makemake-Ready Work ready work and cost thereof; the exact location on the poles where Licensee's attachment shall be made; the cost of making the Make-Ready Survey survey and determining the cost of the Physical Makemake-Ready Workready work; all items being listed on the form of the licensee Exhibit #5 annexed. In the event a Make-Ready Survey indicates a pole loading analysis is required due to the Licensee’s request for attachment, the Licensor will provide the Licensee with a proposal for such analysis for the Licensee’s review and acceptance. Upon acceptance and receipt of advance payment from the Licensee, the Licensor will perform the pole loading analysis. Upon acceptance of the items shown on the form of the license and the disposition from any required pole loading analysislicense, the Licensor will xxxx the Licensee for the required Physical Make-Ready Work items, and said payment shall to be made within thirty days from the date on the xxxx. However, the The Licensor reserves the right to assign such surveys to the pole loading analysis to its engineering Licensor’s design contractor or to the Licensee to hire and accepted a National Grid engineering contractor to perform the pole loading analysis in accordance with Attachment 4 of the National Grid Distribution Pole Aerial Third Party Attachment Requirements. National Grid shall review and accept all pole loading analyses performed by an engineering contractor hired either by National Grid or the Licensee. The Licensee will be responsible for the Cost of the pole loading analysis review in advance of National Grid performing such reviewaccepted design contractor. The Licensor and Joint User at their sole option may require full payment in advance before Physical Makemake-Ready Work ready work is scheduled and started. After completion of the Physical Makemake-Ready Workready work, the form of license executed by the Licensor and Licensee will be the license for Licensee's attachment to the poles listed thereon. In the event the Licensee withdraws any or all of the application referred to in Article II, Section (c) after completion of the Make-Ready Survey and/or Physical Make-Ready Work, the Licensee shall pay to the Licensor and Joint User the Cost for making the survey, determining Costs referred to in this Article, and all Physical Make-Ready Work performed. The Licensee shall make payment within 30 days of the date of the xxxx for such charges. Proposal costs for any Make-Ready Survey or Physical Make-Ready Work shall remain in effect for a period of sixty (60) days after the date on the proposal submitted to the Licensee. Any change in the scope by the Licensee to a pole attachment request following the proposal acceptance and prepayment of such request, shall be presented to the Licensor in writing by the Licensee. Such change in scope will be reviewed by the Licensor and at its sole discretion may be deemed as a new or separate pole attachment request. This may result in the re-scheduling of the initial Make-Ready Survey or the scheduling of additional Make-Ready Survey(s), based on the nature of the change in scope. All additional Costs shall be paid to the Licensor by the Licensee prior to the continuation of any additional and affected work. The rates used to determine such Costs are subject to change in order to reflect just and reasonable costs incurred by the Licensor. The Licensor reserves the right to require a “re-survey” of assign any pole attachment request, whereby an initial or subsequent Make-Ready Survey has occurred sixty (60) days prior to the Licensee’s approval of the proposal and pre-payment of the associated Physical Make-Ready Work. Items for Physical Make-Ready Work not receiving the Licensee’s approval of the proposal and pre-payment within sixty (60) days from the date of the proposal, may require a re-survey and/or re-estimate, in which case the re-estimated cost for the Physical Make-Ready Work will apply. The Licensee shall pay the Licensor in advance for all associated Costs to perform any required re-survey or re-estimating work to be performed by the Licensor. The Licensor shall perform the Physical Make-Ready Work at the costs itemized on the application for license, as approved and paid for in advance by the Licensee. At its sole option, the Licensor may contract the Physical Make-Ready Work to an independent contractor, in which case the Cost to the Licensee for the Physical Make-Ready Work shall be all of the contractor's requisite and incremental cost plus all costs for labor, materials, equipment, supplies, supervision, project management, (including overhead, profit and applicable taxes), and all internal Cost incurred by the Licensor, as defined in Article I. The rates used to determine such Costs are subject to change in order to reflect just and reasonable costs incurred by the Licensor. Additional make-ready necessitated by changes in the service needs of Licensor work or a Joint User will not be billable to Licensee unless such changes are necessitated or caused by the Licensee’s pole attachment. Additional make-ready cost stemming from the activities or requirements of an attacher other than the Licensee shall not the responsibility of Licensee and are to be borne by such other attacher. When additional make-ready or related work is required as a result of circumstances beyond anyone's control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. If, in the Licensor's judgment, after the granting of any license to the Licensee, any hazardous conditions require the moving of the Licensee's facilities overhead line contractor or any modification in the Licensee's plant, the Licensee agrees to make such changes at its own expense within five (5) days after the Licensor sends a notice to such effect or within such shorter period as is feasible. If, in the Licensor's judgment, the service needs of the Licensor or of any Joint User require modifications in the Licensor's plant or in the plant of a Joint User, including, without limiting the generality of the foregoing, the replacement of a pole or poles, and if such modifications would not be necessary except for the Licensee's occupancy of space on the poles, the Licensee agrees that such modifications shall be additional Physical Make-Ready Work under this Agreement and that the Licensee shall pay the costs for such additional Physical Make-Ready Work in accordance with the provisions of this Article VI. In the event that the Joint Users and other attachers also have equipment attached to the pole or poles, the cost of such additional Physical Make-Ready Work, including conditions of non-compliance with the Specifications stated in Article IV, shall be assigned to the Licensee and any other responsible attacher in proportions as determined by the Licensor. In the event of the Licensee's failure to comply with any request made by the Licensor under this Section, the Licensor shall have the option to cancel the Licensee's license with respect to any pole affected by the Licensee's failure or hire a National Grid accepted overhead line contractor to perform the Physical Make-Ready Work and charge Licensee in accordance with the provision of this Article VI. Similar work required after initial attachment to a pole solely because of the existence of Licensee attachments shall be referred to as "Additional Make-Ready Worksuch work." The Licensor shall perform Physical Make-Ready Work or arrange to have it performed according to a schedule of poles per month appended hereto as Appendix A. Where the Physical Make-Ready Work capability of Licensor is exceeded in aggregate by applications received from two (2) or more Licensees, Physical Make-Ready Work forces shall be assigned among the applicants according to a procedure set forth in Appendix A. Licensee agrees to reimburse the owner or owners of other facilities attached to Licensor's poles for any expense incurred by it or them in transferring or rearranging said facilities to accommodate Licensee's attachments. Licensee agrees to work in harmony with the terms and conditions of the Licensor’s pole attachment agreements and that of the Joint User. The Licensee also agrees to ensure that its workforce performs its work in harmony with all trades, crafts, and other personnel while on the property of the Licensor and/or Joint User. Licensee shall not be entitled to reimbursement of any amounts paid to Licensor for pole replacements or for the rearrangement or transfer of facilities on Licensor's poles by reason of the use of any of the pole space so acquired by Licensor or other authorized user. When multiple applications, including application of Licensee and Licensee's competitors or others, are received by the Licensor with respect to any pole which must be replaced or rearranged to provide additional space prior to commencement of the Physical Make-Ready Work on the pole, Licensor will endeavor to prorate to the extent that it is practical between Licensee and to other applicants for pole space, the common expenses of engineering, rearrangement, and replacement, if any, which result from the processing of multiple applications. Licensee shall be bound by Licensor's determination as to any such portion of expenses.
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