Right to Abandon or Remove; Attacher Obligations Sample Clauses

Right to Abandon or Remove; Attacher Obligations. Upon sixty (60) days’ prior Notice to Attacher, Pole Owner may in its sole discretion abandon or remove any Attached Pole. Within this sixty (60) day period, Attacher shall remove its Attachments and may place its facilities underground (if sufficient rights to do so exist or are obtained by the Attacher), Transfer its facilities to the nearest facilities owned by Pole Owner pursuant to Section 5.1, or take other action not inconsistent with this Agreement. If, at the expiration of the sixty (60) day period, Pole Owner shall have no Attachments on such Pole but Attacher shall not have removed all of its Attachments, such Pole may be sold to and become the property of Attacher at the sole option of Pole Owner. If Pole Owner elects to sell such Pole, Pole Owner shall provide Attacher with a properly authorized bill of sale reflecting the net Pole cost. Should Pole Owner elect to sell such Pole, Attacher shall take title to the Pole for all purposes and the Pole shall no longer be considered an Attached Pole under this Agreement. Attacher shall receive the Pole “as is,” and shall indemnify, defend, and hold harmless Pole Owner from all obligation, liability, cost, claim, damage, expense, or charge related thereto or raised after the date of the bill of sale. Pole Owner shall indemnify, defend, and hold harmless Attacher from all obligation, liability, cost, claim, damage, expense, or charge related in any manner or arising out of the Pole prior to the date of the bill of sale. Should Pole Owner elect to sell such Pole, Attacher shall take title to the Pole for all purposes. Attacher shall comply with the terms and directions of the appropriate material safety data sheet and with state and federal law regarding the maintenance, replacement, and/or disposal of the Pole. Pole Owner does not warrant, guarantee, or imply that such Pole possesses sufficient mechanical or structural strength as required by or for any use of Attacher. Pole Owner makes no representations or guarantees concerning any right to occupy the premises where the Pole is currently located upon the removal of Pole Owner Facilities.
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