Common use of Relocation of Joint Poles Required For Maintenance Purposes Clause in Contracts

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. 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. In the event Licensee desires to maintain its facilities on a pole that Pole Owner plans to replace, move or relocate, Pole Owner and Licensee may agree to transfer title of the pole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole and shall indemnify and hold harmless the former Pole Owner of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 5 contracts

Samples: Attachment Agreement, Urta Corrected, Utah Pole Attachment Agreement

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Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. 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. In the event Licensee desires to maintain its facilities on a pole that Pole Owner plans to replace, move or relocate, Pole Owner and Licensee may agree to transfer title of the pole upon agreeable terms and conditions. Upon receipt of a xxxx bill of sale or other legal transfer document, Licensee shall assume ownership of the original pole and shall indemnify and hold harmless the former Pole Owner of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 4 contracts

Samples: Utah Pole Attachment Agreement, Urta Corrected, Utah Pole Attachment Agreement

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole Pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole Pole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole 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 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 Pole have removed or moved their facilities), Pole Owner may transfer Licensee’s Equipment from the replaced pole Pole to the replacement pole 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 polesPoles, digging holes, or hauling polesPoles, the Pole Owner shall pay to Licensee, upon receipt of an invoice, the cost of such work. When setting a pole Pole requires entering the electric utility space, the setting of the pole 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. In the event Licensee desires to maintain its facilities on a pole Pole that Pole Owner plans to replace, move or relocate, Pole Owner and Licensee may agree to transfer title of the pole Pole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole Pole and shall indemnify and hold harmless the former Pole Owner of such pole Pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 3 contracts

Samples: Utah Pole Attachment Agreement, Attachment Agreement, Utah Pole Attachment Agreement

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole for maintenance purposes, the Pole Owner CenturyLink thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole be reset in the same location and Pole Owner CenturyLink shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole and shall notify the Pole Owner CenturyLink 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 CenturyLink 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 CenturyLink 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 CenturyLink for all actual costs incurred. If the Licensee performs any work for the Pole Owner CenturyLink to facilitate Pole OwnerCenturyLink’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 CenturyLink 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. In the event Licensee desires to maintain its facilities on a pole that Pole Owner CenturyLink plans to replace, move or relocate, Pole Owner CenturyLink and Licensee may agree to transfer title of the pole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole and shall indemnify and hold harmless the former Pole Owner CenturyLink of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 2 contracts

Samples: Attachment Agreement, pscdocs.utah.gov

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole polePole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole polePole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole polePole 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 polePole is ready for Licensee to transfer its Equipment (which time shall not begin until after the parties located above the Licensee on the pole polePole have removed or moved their facilities), Pole Owner may transfer Licensee’s Equipment from the replaced pole polePole to the replacement pole polePole 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 polespolesPoles, digging holes, or hauling polespolesPoles, the Pole Owner shall pay to Licensee, upon receipt of an invoice, the cost of such work. When setting a pole polePole requires entering the electric utility space, the setting of the pole polePole 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. In the event Licensee desires to maintain its facilities on a pole polePole that Pole Owner plans to replace, move or relocate, Pole Owner and Licensee may agree to transfer title of the pole polePole upon agreeable terms and conditions. Upon receipt of a xxxx bill of sale or other legal transfer document, Licensee shall assume ownership of the original pole polePole and shall indemnify and hold harmless the former Pole Owner of such pole polePole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 2 contracts

Samples: Attachment Agreement, Utah Pole Attachment Agreement

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. 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 willshall 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. In the event Licensee desires to maintain its facilities on a pole polePole that Pole Owner plans to replace, move or relocaterelocateabandon, Pole Owner and Licensee may agree to transfer title of the pole Pole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole polePole and shall indemnify and hold harmless the former Pole Owner of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 1 contract

Samples: Attachment Agreement

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole Pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole Pole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole 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 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 Pole have removed or moved their facilities), Pole Owner may transfer Licensee’s Equipment from the replaced pole Pole to the replacement pole 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 polesPoles, digging holes, or hauling polesPoles, the Pole Owner shall pay to Licensee, upon receipt of an invoice, the cost of such work. When setting a pole Pole requires entering the electric utility space, the setting of the pole 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. In the event Licensee desires to maintain its facilities on a pole Pole that Pole Owner plans to replace, move or relocate, Pole Owner and Licensee may agree to transfer title of the pole Pole upon agreeable terms and conditions. Upon receipt of a xxxx bill of sale or other legal transfer document, Licensee shall assume ownership of the original pole Pole and shall indemnify and hold harmless the former Pole Owner of such pole Pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 1 contract

Samples: Attachment Agreement

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole polePole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole polePole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole polePole 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 polePole is ready for Licensee to transfer its Equipment (which time shall not begin until after the parties located above the Licensee on the pole polePole have removed or moved their facilities), Pole Owner may transfer Licensee’s Equipment from the replaced pole polePole to the replacement pole polePole 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 polespolesPoles, digging holes, or hauling polespolesPoles, the Pole Owner shall pay to Licensee, upon receipt of an invoice, the cost of such work. When setting a pole polePole requires entering the electric utility space, the setting of the pole polePole 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. In the event Licensee desires to maintain its facilities on a pole polePole that Pole Owner plans to replace, move or relocate, Pole Owner and Licensee may agree to transfer title of the pole polePole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole polePole and shall indemnify and hold harmless the former Pole Owner of such pole polePole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 1 contract

Samples: Utah Pole Attachment Agreement

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole Pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole Pole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the incremental cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole 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 polePole is ready for Licensee to transfer its Equipment (which time shall not begin until after the parties partiesParties located above the Licensee on the pole polePole have removed or moved their facilities), Pole Owner may transfer Licensee’s Equipment from the replaced pole polePole to the replacement pole polePole 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 willshall reimburse Pole Owner for all actual costs incurred. If the After prior written approval of Pole Owner, if 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 polespolesPoles, digging holes, or hauling poles, the thePoles, Pole Owner shall pay to Licensee, upon receipt of an invoice, the reasonable cost of such work. When setting a pole polePole requires entering the electric utility space, the setting of the pole polePole 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. In the event Licensee desires to maintain its facilities on a pole that Pole Owner plans to replace, move or relocate, Pole Owner and Licensee may agree to transfer title of the pole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole and shall indemnify and hold harmless the former Pole Owner of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 1 contract

Samples: Attachment Agreement

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. 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 willshall 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. In the event Licensee desires to maintain its facilities on a pole polePole that Pole Owner plans to replace, move or relocaterelocateabandon, Pole Owner and Licensee may agree to transfer title of the pole Pole upon agreeable terms and conditions. Upon receipt of a xxxx bill of sale or other legal transfer document, Licensee shall assume ownership of the original pole polePole and shall indemnify and hold harmless the former Pole Owner of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 1 contract

Samples: Attachment Agreement

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Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole for maintenance purposes, the Pole Owner CenturyLink thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole be reset in the same location and Pole Owner CenturyLink shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole and shall notify the Pole Owner CenturyLink 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 CenturyLink 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 CenturyLink 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 CenturyLink for all actual costs incurred. If the Licensee performs any work for the Pole Owner CenturyLink to facilitate Pole OwnerCenturyLink’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 CenturyLink 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. In the event Licensee desires to maintain its facilities on a pole that Pole Owner CenturyLink plans to replace, move or relocate, Pole Owner CenturyLink and Licensee may agree to transfer title of the pole upon agreeable terms and conditions. Upon receipt of a xxxx bill of sale or other legal transfer document, Licensee shall assume ownership of the original pole and shall indemnify and hold harmless the former Pole Owner CenturyLink of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 1 contract

Samples: Attachment Agreement

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole for maintenance purposes, the Pole Owner OwnerCenturyLink thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole be reset in the same location and Pole Owner OwnerCenturyLink shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole and shall notify the Pole Owner OwnerCenturyLink 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 OwnerCenturyLink 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 OwnerCenturyLink 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 OwnerCenturyLink for all actual costs incurred. If the Licensee performs any work for the Pole Owner OwnerCenturyLink to facilitate Pole OwnerOwnerCenturyLink’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 OwnerCenturyLink 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. In the event Licensee desires to maintain its facilities on a pole that Pole Owner OwnerCenturyLink plans to replace, move or relocate, Pole Owner OwnerCenturyLink and Licensee may agree to transfer title of the pole upon agreeable terms and conditions. Upon receipt of a xxxx bill of sale or other legal transfer document, Licensee shall assume ownership of the original pole and shall indemnify and hold harmless the former Pole Owner OwnerCenturyLink of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 1 contract

Samples: pscdocs.utah.gov

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole Pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole Pole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the incremental cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole 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 Pole is ready for Licensee to transfer its Equipment (which time shall not begin until after the parties Parties located above the Licensee on the pole Pole have removed or moved their facilities), Pole Owner may transfer Licensee’s Equipment from the replaced pole Pole to the replacement pole 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 shall reimburse Pole Owner for all actual costs incurred. If the After prior written approval of Pole Owner, if 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 polesPoles, digging holes, or hauling polesPoles, the Pole Owner shall pay to Licensee, upon receipt of an invoice, the reasonable cost of such work. When setting a pole Pole requires entering the electric utility space, the setting of the pole 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. In the event Licensee desires to maintain its facilities on a pole Pole that Pole Owner plans to replace, move or relocate, Pole Owner and Licensee may agree to transfer title of the pole Pole upon agreeable terms and conditions. Upon receipt of a xxxx bill of sale or other legal transfer document, Licensee shall assume ownership of the original pole Pole and shall indemnify and hold harmless the former Pole Owner of such pole Pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 1 contract

Samples: Utah Reciprocal Pole Attachment Agreement

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole for maintenance purposes, the Pole Owner OwnerCenturyLink thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole be reset in the same location and Pole Owner OwnerCenturyLink shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole and shall notify the Pole Owner OwnerCenturyLink 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 OwnerCenturyLink 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 OwnerCenturyLink 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 OwnerCenturyLink for all actual costs incurred. If the Licensee performs any work for the Pole Owner OwnerCenturyLink to facilitate Pole OwnerOwnerCenturyLink’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 OwnerCenturyLink 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. In the event Licensee desires to maintain its facilities on a pole that Pole Owner OwnerCenturyLink plans to replace, move or relocate, Pole Owner OwnerCenturyLink and Licensee may agree to transfer title of the pole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole and shall indemnify and hold harmless the former Pole Owner OwnerCenturyLink of such pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 1 contract

Samples: pscdocs.utah.gov

Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole Pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole Pole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the incremental cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole 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 Pole is ready for Licensee to transfer its Equipment (which time shall not begin until after the parties Parties located above the Licensee on the pole Pole have removed or moved their facilities), Pole Owner may transfer Licensee’s Equipment from the replaced pole Pole to the replacement pole 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 shall reimburse Pole Owner for all actual costs incurred. If the After prior written approval of Pole Owner, if 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 polesPoles, digging holes, or hauling polesPoles, the Pole Owner shall pay to Licensee, upon receipt of an invoice, the reasonable cost of such work. When setting a pole Pole requires entering the electric utility space, the setting of the pole 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. In the event Licensee desires to maintain its facilities on a pole Pole that Pole Owner plans to replace, move or relocate, Pole Owner and Licensee may agree to transfer title of the pole Pole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole Pole and shall indemnify and hold harmless the former Pole Owner of such pole Pole from all obligations, liabilities, damages, costs, expenses or charges incurred after the date of transfer.

Appears in 1 contract

Samples: Utah Reciprocal Pole Attachment Agreement

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