Common use of Rearrangement of Licensee’s Facilities at AT&T’s Request Clause in Contracts

Rearrangement of Licensee’s Facilities at AT&T’s Request. Licensee acknowledges that, from time to time, it may be necessary or desirable for AT&T to change out Poles, relocate, reconstruct, or modify portions of its Conduit System or rearrange Facilities contained therein or connected thereto and that such changes may be necessitated by AT&T’s business needs or authorized Application of another entity seeking access to AT&T’s Poles or Conduit Systems. Licensee agrees that Licensee will, upon AT&T’s request, and at AT&T’s expense, but at no Cost to Licensee, participate with AT&T (and other Licensees) in the relocation, reconstruction, or modification of AT&T’s Conduit System or Facilities rearrangement. Licensee acknowledges that, from time to time, it may be necessary or desirable for AT&T to change out Poles, relocate, reconstruct, or modify portions of its Conduit System or rearrange Facilities contained therein or connected thereto as a result of an order by a municipality or other governmental authority. Licensee shall, upon AT&T’s request, participate with AT&T (and other Licensees) in the relocation, reconstruction, or modification of AT&T’s Conduit System or Facilities rearrangement and pay its proportionate share of any costs of such relocation, reconstruction, or modification that are not reimbursed by such municipality or governmental authority. 13.2.1 Licensee shall make all rearrangements of its Facilities within such period of time as is jointly deemed reasonable by the parties based on the amount of rearrangements necessary and a desire to minimize chances for service interruption or Facility-based service denial to a Licensee customer. 13.2.2 If Licensee fails to make the required rearrangements within the time prescribed or within such extended periods of time as may be granted by AT&T in writing, AT&T may perform such rearrangements with written notice to Licensee, and Licensee shall reimburse AT&T for actual costs and expenses incurred by AT&T in connection with the rearrangement of Licensee’s Facilities; provided, however, that nothing contained in this Section or any License issued hereunder shall be construed as requiring Licensee to bear any expenses which, under the Telecommunications Act of 1996 or other applicable federal or state laws or regulations, are to be allocated to persons or entities other than Licensee; and provided further, however, that Licensee shall have no responsibility for rearrangement costs and expenses relating to rearrangements performed for the purpose of meeting AT&T’s business needs.

Appears in 2 contracts

Samples: License Agreement, Rights of Way (Row), Conduits, and Pole Attachments Agreement

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Rearrangement of Licensee’s Facilities at AT&T’s Request. Licensee acknowledges that, from time to time, it may be necessary or desirable for AT&T to change out Poles, relocate, reconstruct, or modify portions of its Conduit System or rearrange Facilities contained therein or connected thereto and that such changes may be necessitated by AT&T’s 's business needs or authorized Application of another entity seeking access to AT&T’s 's Poles or Conduit Systems. Licensee agrees that Licensee will, upon AT&T’s 's request, and at AT&T’s 's expense, but at no Cost to Licensee, participate with AT&T (and other Licensees) in the relocation, reconstruction, or modification of AT&T’s 's Conduit System or Facilities rearrangement. Licensee acknowledges that, from time to time, it may be necessary or desirable for AT&T to change out Poles, relocate, reconstruct, or modify portions of its Conduit System or rearrange Facilities contained therein or connected thereto as a result of an order by a municipality or other governmental authority. Licensee shall, upon AT&T’s request, participate with AT&T (and other Licensees) in the relocation, reconstruction, or modification of AT&T’s Conduit System or Facilities rearrangement and pay its proportionate share of any costs of such relocation, reconstruction, or modification that are not reimbursed by such municipality or governmental authority. 13.2.1 Licensee shall make all rearrangements of its Facilities within such period of time as is jointly deemed reasonable by the parties based on the amount of rearrangements necessary and a desire to minimize chances for service interruption or Facility-based service denial to a Licensee customer. 13.2.2 If Licensee fails to make the required rearrangements within the time prescribed or within such extended periods of time as may be granted by AT&T in writing, AT&T may perform such rearrangements with written notice to Licensee, and Licensee shall reimburse AT&T for actual costs and expenses incurred by AT&T in connection with the rearrangement of Licensee’s 's Facilities; provided, however, that nothing contained in this Section or any License issued hereunder shall be construed as requiring Licensee to bear any expenses which, under the Telecommunications Act of 1996 or other applicable federal or state laws or regulations, are to be allocated to persons or entities other than Licensee; and provided further, however, that Licensee shall have no responsibility for rearrangement costs and expenses relating to rearrangements performed for the purpose of meeting AT&T’s 's business needs.

Appears in 1 contract

Samples: Interconnection Agreement

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Rearrangement of Licensee’s Facilities at AT&T’s Request. Licensee acknowledges that, from time to time, it may be necessary or desirable for AT&T to change out Poles, relocate, reconstruct, or modify portions of its Conduit System or rearrange Facilities contained therein or connected thereto and that such changes may be necessitated by AT&T’s business needs or authorized Application of another entity seeking access to AT&T’s Poles or Conduit Systems. Licensee agrees that Licensee will, upon AT&T’s request, and at AT&T’s expense, but at no Cost to Licensee, participate with AT&T (and other Licensees) in the relocation, reconstruction, or modification of AT&T’s Conduit System or Systemor Facilities rearrangement. Licensee acknowledges that, from time to time, it may be necessary or desirable for AT&T to change out Poles, relocate, reconstruct, or modify portions of its Conduit System or rearrange Facilities contained therein or connected thereto as a result of an order by a municipality or other governmental authority. Licensee shall, upon AT&T’s request, participate with AT&T (and other Licensees) in the relocation, reconstruction, or modification of AT&T’s Conduit System or Systemor Facilities rearrangement and pay its proportionate share of any costs of such relocation, reconstruction, or modification that are not reimbursed by such municipality or governmental authority. 13.2.1 Licensee shall make all rearrangements of its Facilities within such period of time as is jointly deemed reasonable by the parties based on the amount of rearrangements necessary and a desire to minimize chances for service interruption or Facility-based service denial to a toa Licensee customer. 13.2.2 If Licensee fails to make the required rearrangements within the time prescribed or within such extended periods of time as may be granted by AT&T in writing, AT&T may perform such AT&Tmay performsuch rearrangements with written notice to Licensee, and Licensee shall reimburse AT&T for actual costs and expenses incurred by AT&T in connection with the rearrangement of rearrangemenot f Licensee’s Facilities; provided, however, that nothing contained in this inthis Section or any License issued hereunder shall be construed as requiring Licensee Licenese to bear any expenses which, under the Telecommunications Act of 1996 or other applicable federal or state laws or regulations, are to be allocated to persons or entities other than Licensee; and provided further, however, that Licensee shall have no responsibility for rearrangement costs and expenses relating to rearrangements performed for the purpose of meeting AT&T’s business needs.

Appears in 1 contract

Samples: Interconnection Agreement

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