Relocation of Joint Poles at Request of Land Owner Sample Clauses

Relocation of Joint Poles at Request of Land Owner. Where a jointly used pole is required to be replaced, moved or relocated due to a landowner request, Pole Owner shall provide notice to Licensee upon receipt of the land owner request and coordinate with Licensee and all other pole attachers to provide a coordinated response with respect to timelines and costs to land owner. The Licensee shall promptly arrange to transfer its Equipment to the new pole and shall notify the Pole Owner when such transfer has been completed. In the event such transfer is not completed within thirty (30) days after the time specified in the notice given by the Pole Owner indicating that the pole is ready for Licensee to transfer its Equipment (which time shall not begin until after the parties located above the Licensee on the pole have removed or moved their facilities), Pole Owner may transfer Licensee’s Equipment from the replaced pole to the replacement pole in a reasonable manner consistent with industry practices upon Licensee’s failure to transfer its Equipment within the above mentioned thirty (30) days notice, and Licensee will reimburse Pole Owner for all actual costs incurred. If the Licensee performs any work for the Pole Owner to facilitate Pole Owner’s responsibilities in completion of the above work or in cases of emergency work, including without limitation transferring other equipment, setting or lowering poles, digging holes, or hauling poles, the Pole Owner shall pay to Licensee, upon receipt of an invoice, the cost of such work. When setting a pole requires entering the electric utility space, the setting of the pole must be performed by a qualified electric contractor approved by the electric utility pursuant to Section 3.05, or may be performed by a licensed electrical engineer employed by Licensee upon prior approval of the electric utility.
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