Common use of Required Transfers of Licensee’s Communications Facilities Clause in Contracts

Required Transfers of Licensee’s Communications Facilities. If District reasonably determines that a transfer to other Utility Facilities of Licensee’s Communications Facilities is necessary, Licensee agrees to allow such transfer. In such instances, District will, at its option, either perform the transfer using its personnel, and/or contractors and/or require Licensee to perform such transfer at its own expense within 30 calendar days after receiving notice from District. If Licensee fails to transfer its Communication Facilities within 30 calendar days after receiving such notice from District, District shall have the right to transfer Licensee’s Facilities using its personnel and/or contractors at Licensee’s expense. District shall not be liable for damage to Licensee’s Communication Facilities except to the extent provided in Article 15.1. The written advance notification requirement of this paragraph shall not apply to emergency situations, in which case District shall provide such advance notice as is practical given the urgency of the particular situation. District shall then provide written notice of any such actions taken within 10 days of the occurrence. Irrespective of who owns them, Licensee is responsible for the transfer of Utility Facilities that Overlash on to Licensee’s Attachments. At the option of Licensee, District can be contracted to perform all such transfer work as part of the normal course of business. District will bill Licensee at District’s cost. If Licensee chooses this option, a separate agreement must be executed with the District. Contract Documents 160-10748

Required Transfers of Licensee’s Communications Facilities. If District reasonably determines that a transfer to other Utility Facilities of Licensee’s Communications Facilities is necessary, Licensee agrees to allow such transfer. In such instances, District will, at its option, either perform the transfer using its personnel, and/or contractors and/or require Licensee to perform such transfer at its own expense within 30 calendar days after receiving notice from District. If Licensee fails to transfer its Communication Facilities within 30 calendar days after receiving such notice from District, District shall have the right to transfer Licensee’s Facilities using its personnel and/or contractors at Licensee’s expense. District shall not be liable for damage to Licensee’s Communication Facilities except to the extent provided in Article 15.1. The written advance notification requirement of this paragraph shall not apply to emergency situations, in which case District shall provide such advance notice as is practical given the urgency of the particular situation. District shall then provide written notice of any such actions taken within 10 days of the occurrence. Irrespective of who owns them, Licensee is responsible for the transfer of Utility Facilities that Overlash on to Licensee’s Attachments. At the option of Licensee, District can be contracted to perform all such transfer work as part of the normal course of business. District will bill xxxx Licensee at District’s cost. If Licensee chooses this option, a separate agreement must be executed with the District. Contract Documents 160-10748

Required Transfers of Licensee’s Communications Facilities. If District reasonably determines that a transfer to other Utility Facilities of Licensee’s Communications Facilities is necessary, Licensee agrees to allow such transfer. In such instances, District will, at its option, either perform the transfer using its personnel, and/or contractors and/or require Licensee to perform such transfer at its own expense within 30 calendar days after receiving notice from District. If Licensee fails to transfer its Communication Facilities within 30 calendar days after receiving such notice from District, District shall have the right to transfer Licensee’s Facilities using its personnel and/or contractors at Licensee’s expense. District shall not be liable for damage to Licensee’s Communication Facilities except to the extent provided in Article 15.1. The written advance notification requirement of this paragraph shall not apply to emergency situations, in which case District shall provide such advance notice as is practical given the urgency of the particular situation. District shall then provide written notice of any such actions taken within 10 days of the occurrence. Irrespective of who owns them, Licensee is responsible for the transfer of Utility Facilities that Overlash on to Licensee’s Attachments. At the option of Licensee, District can be contracted to perform all such transfer work as part of the normal course of business. District will bill xxxx Licensee at District’s cost. If Licensee chooses this option, a separate agreement must be executed with the District. Contract Documents 160-10748.

Required Transfers of Licensee’s Communications Facilities. If District reasonably determines that a transfer to other Utility Facilities of Licensee’s Communications Facilities is necessary, Licensee agrees to allow such transfer. In such instances, District will, at its option, either perform the transfer using its personnel, and/or contractors and/or require Licensee to perform such transfer at its own expense within 30 calendar days after receiving notice from District. If Licensee fails to transfer its Communication Facilities within 30 calendar days after receiving such notice from District, District shall have the right to transfer Licensee’s Facilities using its personnel and/or contractors at Licensee’s expense. District shall not be liable for damage to Licensee’s Communication Facilities except to the extent provided in Article 15.1. The written advance notification requirement of this paragraph shall not apply to emergency situations, in which case District shall provide such advance notice as is practical given the urgency of the particular situation. District shall then provide written notice of any such actions taken within 10 days of the occurrence. Irrespective of who owns them, Licensee is responsible for the transfer of Utility Facilities that Overlash on to Licensee’s Attachments. At the option of Licensee, District can be contracted to perform all such transfer work as part of the normal course of business. District will bill Licensee at District’s cost. If Licensee chooses this option, a separate agreement must be executed with the District. Contract Documents 160-10748.