Common use of Removals Clause in Contracts

Removals. (a) If the existing equipment on the pole or anchor (including Permittee’s equipment) cannot be relocated in accordance with Section 7.4 or rearranged in accordance with Section 7.4 to create the required space or capacity for the Company’s use and (1) the Company needs the space or capacity occupied by the Permittee’s equipment for its use to serve core utility customers, or (2) should any pole to which Permittee has attached an Attachment be taken by the power of eminent domain, then on being given at least sixty (60) days written notice (Exhibit F or equivalent) by the Company to do so, or in cases of emergency on such notice less than sixty (60) days as the circumstances reasonably permit (some emergency circumstances may include no notice), the Permittee shall remove its Attachments from the Company Poles as the Company shall designate and at the expiration of the time specified in the notice all rights and privileges of the Permittee in and to the Company Poles designated shall terminate. (b) Permittee shall not be entitled to any compensation paid as a result of a taking by the power of eminent domain, except for compensation paid expressly for the taking or relocating of Permittee’s Attachment. In no event shall Permittee be entitled to any compensation for the taking of the Company Right-of-Way itself. (c) The Permittee may on its own remove its equipment from the Company Facilities and provide the Company within sixty (60) days a written notice (Exhibit E or equivalent). (d) In the event of a removal as provided in this section, Permittee shall be entitled to a rental refund if a refund is requested by Permittee and if the rental value exceeds $1,000.00.

Removals. (a) If the existing equipment on the pole or anchor (including Permittee’s equipment) cannot be relocated in accordance with Section 7.4 or rearranged in accordance with Section 7.4 to create the required space or capacity for the Company’s use and (1) the Company needs the space or capacity occupied by the Permittee’s 's equipment for its use to serve core utility customers, or (2) should any pole to which Permittee has attached an Attachment be taken by the power of eminent domain, then on being given at least sixty (60) days written notice (Exhibit F or equivalent) by the Company to do so, or in cases of emergency on such notice less than sixty (60) days as the circumstances reasonably permit (some emergency circumstances may include no notice), the Permittee shall remove its Attachments from the Company Poles as the Company shall designate and at the expiration of the time specified in the notice all rights and privileges of the Permittee in and to the Company Poles designated shall terminate. (b) Permittee shall not be entitled to any compensation paid as a result of a taking by the power of eminent domain, except for compensation paid expressly for the taking or relocating of Permittee’s Attachment. In no event shall Permittee be entitled to any compensation for the taking of the Company Right-of-Way itself. (c) The Permittee may on its own remove its equipment from the Company Facilities and provide the Company within sixty (60) days a written notice (Exhibit E or equivalent). (d) In the event of a removal as provided in this section, Permittee shall be entitled to a rental refund if a refund is requested by Permittee and if the rental value exceeds $1,000.00.