Common use of Removal of Facilities Not in Active Use Clause in Contracts

Removal of Facilities Not in Active Use. At SWBT’s request, Applicant shall remove from SWBT’s poles, ducts, conduits, and rights-of-way any of Applicant’s facilities which are no longer in active use; provided, however, that Applicant shall not be required to remove such facilities when due cause and justification exists for allowing them to remain in place. Applicant shall not be required to remove retired or inactive (dead) cables that have been overlashed by other facilities which remain in active use unless removal expenses are paid by the person or entity requesting removal of such facilities. Applicant shall not be required to remove cables that would require excavation to remove unless the person or entity requesting removal of such cables bears the expenses of such excavation in a manner analogous to the provisions of Section 10.02(c) of this Agreement. Applicant shall not abandon any of its facilities by leaving them on SWBT’s poles, in SWBT’s ducts, conduits, or rights-of-way, at any location where they may block or obstruct access to SWBT’s poles or any part of SWBT’s conduit system, or on any public or private property (other than property owned or controlled by Applicant) in the vicinity of SWBT’s poles, ducts, conduits, or rights-of-way.

Removal of Facilities Not in Active Use. At SWBTSBC MISSOURI’s request, Applicant CLEC shall remove from SWBTSBC MISSOURI’s poles, ducts, conduits, and rights-of-way any of ApplicantCLEC’s facilities which are no longer in active use; provided, however, that Applicant CLEC shall not be required to remove such facilities when due cause and justification exists for allowing them to remain in place. Applicant CLEC shall not be required to remove retired or inactive (dead) cables that have been overlashed by other facilities which remain in active use unless removal expenses are paid by the person or entity requesting removal of such facilities. Applicant CLEC shall not be required to remove cables that would require excavation to remove unless the person or entity requesting removal of such cables bears the expenses of such excavation in a manner analogous to the provisions of Section 10.02(c) of this AgreementAppendix. Applicant CLEC shall not abandon any of its facilities by leaving them on SWBTSBC MISSOURI’s poles, in SWBTSBC MISSOURI’s ducts, conduits, or rights-of-way, at any location where they may block or obstruct access to SWBTSBC MISSOURI’s poles or any part of SWBTSBC MISSOURI’s conduit system, or on any public or private property (other than property owned or controlled by ApplicantCLEC) in the vicinity of SWBTSBC MISSOURI’s poles, ducts, conduits, or rights-of-way.

Removal of Facilities Not in Active Use. At SWBTNEVADA’s request, Applicant shall remove from SWBTNEVADA’s poles, ducts, conduits, and rights-of-way any of Applicant’s facilities which are no longer in active use; provided, however, that Applicant shall not be required to remove such facilities when due cause and justification exists for allowing them to remain in place. Applicant shall not be required to remove retired or inactive (“dead”) cables that have been overlashed by other facilities which remain in active use unless removal expenses are paid by the person or entity requesting removal of such facilities. Applicant shall not be required to remove cables that would require excavation to remove unless the person or entity requesting removal of such cables bears the expenses of such excavation in a manner analogous to the provisions of Section 10.02(c) 10.2.3 of this Agreement. Applicant shall not abandon any of its facilities by leaving them on SWBTNEVADA’s poles, in SWBTNEVADA’s ducts, conduits, or rights-of-way, at any location where they may block or obstruct access to SWBTNEVADA’s poles or any part of SWBTNEVADA’s conduit system, or on any public or private property (other than property owned or controlled by Applicant) in the vicinity of SWBTNEVADA’s poles, ducts, conduits, or rights-of-way.