Common use of RIGHTS OF OTHER PARTIES Clause in Contracts

RIGHTS OF OTHER PARTIES. ‌ A. If SLECA, prior to the execution of this Agreement, conferred upon others, not parties of this Agreement (“Outside Parties”), by contract or otherwise, rights or privileges to attach to, and/or reserve space on any of its Poles covered by this Agreement, nothing herein contained shall be construed as affecting said rights or privileges with respect to existing Attachments of such Outside Parties, which Attachments shall continue in accordance with the present practice; all future Attachments of such Outside Parties shall be in accordance with the requirements of Section B below, except where such Outside Parties have by agreements entered into prior to the execution of this agreement acquired enforceable rights or privileges to make Attachments which do not meet such space allocations. SLECA shall derive all of the revenue accruing from such Outside Parties. Any contractual rights or privileges of Outside Parties recognized in this paragraph shall include renewals of or extensions of the term (period) of such contracts. B. In the event any Pole or Poles of SLECA to which Licensee has made its Attachments would, but for the Attachments of Licensee, be adequate to support additional facilities desired by SLECA, SLECA’s subsidiary or affiliate, or by a Joint User with whom SLECA has a prior agreement and which Joint User is either occupying space or has requested to attach or reserve space on such Pole(s) prior to the placement of Licensee’s Attachment on such Pole(s), then SLECA shall notify Licensee of any changes necessary to provide an adequate Pole or Poles and the estimated costs thereof. Upon receipt of such notice, Licensee shall remove its Attachments at its sole expense or reimburse SLECA, on demand, for all reasonable costs incurred by SLECA in making such changes. Should Licensee submit a request to make a new Attachment on a Pole that a Joint User is not already attached to but on which the Joint User has reserved space, SLECA will provide notice of such space reservation to Licensee, provided that SLECA has such knowledge on or prior to the date of Licensee’s Attachment request. C. If SLECA desires to confer upon others not parties to this agreement (Outside Parties), by contract or otherwise, rights or privileges to attach to any of its Poles covered by this Agreement, it shall have the right to do so, provided all such Attachments of such Outside Parties are made in accordance with the following: (1) such Attachments shall be maintained in conformity with the requirements of Article 3, Specifications, and (2) such Attachments shall not be located within the space allocation of Licensee. SLECA shall derive all of the revenue accruing from such Outside Parties. D. Except as to Joint Users already attached to SLECA’s Poles, any rights and privileges granted under this Article to others not parties hereto, SLECA shall make good faith efforts to have the Licensee paid by an Outside Party in connection with Outside Party Make-ready. E. Except as to Joint Users already attached to, or reserving space on, SLECA’s Poles, in no event will Licensee be responsible for any Make-ready or other costs incurred for the benefit of an Outside Party and such costs shall immediately be reimbursed to Licensee from such Outside Party. F. SLECA will make good faith efforts to have the Licensee paid by an Outside Party in connection with Outside Party Make-ready.

RIGHTS OF OTHER PARTIES. ‌ A. If SLECAElectric Utility, prior to the execution of this Agreement, conferred upon others, not parties of this Agreement (“Outside Parties”), by contract or otherwise, rights or privileges to attach to, and/or reserve space on to any of its Poles poles covered by this Agreement, nothing herein contained shall be construed as affecting said rights or privileges with respect to existing Attachments of such Outside Parties, which Attachments shall continue in accordance with the present practice; all future Attachments of such Outside Parties shall be in accordance with the requirements of Section B ARTICLE XV.B. below, except where such Outside Parties have by agreements entered into prior to the execution of this agreement Agreement acquired enforceable rights or privileges to make Attachments which do not meet such space allocations. SLECA Electric Utility shall derive all of the revenue accruing from such Outside Parties. Any contractual rights or privileges of Outside Parties recognized in this paragraph shall include renewals of or extensions of the term (period) of such contracts. B. In the event any Pole or Poles of SLECA to which Licensee has made its Attachments would, but for the Attachments of Licensee, be adequate to support additional facilities desired by SLECA, SLECA’s subsidiary or affiliate, or by a Joint User with whom SLECA has a prior agreement and which Joint User is either occupying space or has requested to attach or reserve space on such Pole(s) prior to the placement of Licensee’s Attachment on such Pole(s), then SLECA shall notify Licensee of any changes necessary to provide an adequate Pole or Poles and the estimated costs thereof. Upon receipt of such notice, Licensee shall remove its Attachments at its sole expense or reimburse SLECA, on demand, for all reasonable costs incurred by SLECA in making such changes. Should Licensee submit a request to make a new Attachment on a Pole that a Joint User is not already attached to but on which the Joint User has reserved space, SLECA will provide notice of such space reservation to Licensee, provided that SLECA has such knowledge on or prior to the date of Licensee’s Attachment request. C. If SLECA Electric Utility desires to confer upon others not parties to this agreement (Outside Parties), by contract or otherwise, rights or privileges to attach to any of its Poles poles covered by this Agreement, it shall have the right to do so, provided all such Attachments of such Outside Parties are made in accordance with the following: (1) such Attachments shall be maintained in conformity with the requirements of Article 3, SpecificationsARTICLE III - SPECIFICATIONS, and (2) such Attachments shall not be located within the space allocation of Licensee. SLECA Electric Utility shall derive all of the revenue accruing from such Outside Parties. D. Except as C. With respect to Joint Users already attached to SLECA’s Poles, any rights and privileges granted by Electric Utility under this Article to others not parties hereto, SLECA Electric Utility shall make good faith efforts reimburse Licensee's cost for transferring and rearranging Licensee's Attachments to have the Licensee paid by an provide space for Attachments for such Outside Party in connection with Outside Party Make-readyParties. E. Except as to Joint Users already attached to, or reserving space on, SLECA’s Poles, in no event will Licensee D. Outside Parties shall be responsible for their pro rata share of any Makecosts mentioned in ARTICLE IX-ready or other costs incurred for the benefit of an Outside Party and such costs shall immediately be reimbursed to Licensee from such Outside PartyDIVISION OF COSTS. F. SLECA will make good faith efforts to have the Licensee paid by an Outside Party in connection with Outside Party Make-ready.

RIGHTS OF OTHER PARTIES. ‌ A. If SLECA, EMC prior to the execution of this Agreement, conferred upon others, not parties of this Agreement (“Outside Parties”), by contract or otherwise, rights or privileges to attach to, and/or reserve space on any of its Poles covered by this Agreement, nothing herein contained shall be construed as affecting said rights or privileges with respect to existing Attachments of such Outside Parties, which Attachments shall continue in accordance with the present practice; all future Attachments of such Outside Parties shall be in accordance with the requirements of Section B below, except where such Outside Parties have by agreements entered into prior to the execution of this agreement acquired enforceable rights or privileges to make Attachments which do not meet such space allocations. SLECA EMC shall derive all of the revenue accruing from such Outside Parties. Any contractual rights or privileges of Outside Parties recognized in this paragraph shall include renewals of or extensions of the term (period) of such contracts. B. In the event any Pole or Poles of SLECA EMC to which Licensee has made its Attachments would, but for the Attachments of Licensee, be adequate to support additional facilities desired by SLECAEMC, SLECAEMC’s subsidiary or affiliate, or by a Joint User with whom SLECA EMC has a prior agreement and which Joint User is either occupying space or has requested to attach or reserve space on such Pole(s) prior to the placement of Licensee’s Attachment on such Pole(s), then SLECA EMC shall notify Licensee of any changes necessary to provide an adequate Pole or Poles and the estimated costs thereof. Upon receipt of such notice, Licensee shall remove its Attachments at its sole expense or reimburse SLECAEMC, on demand, for all reasonable costs incurred by SLECA EMC in making such changes. Should Licensee submit a request to make a new Attachment on a Pole that a Joint User is not already attached to but on which the Joint User has reserved space, SLECA EMC will provide notice of such space reservation to Licensee, provided that SLECA EMC has such knowledge on or prior to the date of Licensee’s Attachment request. C. If SLECA EMC desires to confer upon others not parties to this agreement (Outside Parties), by contract or otherwise, rights or privileges to attach to any of its Poles covered by this Agreement, it shall have the right to do so, provided all such Attachments of such Outside Parties are made in accordance with the following: (1) such Attachments shall be maintained in conformity with the requirements of Article 3, Specifications, and (2) such Attachments shall not be located within the space allocation of Licensee. SLECA EMC shall derive all of the revenue accruing from such Outside Parties. D. Except as to Joint Users already attached to SLECAEMC’s Poles, any rights and privileges granted under this Article to others not parties hereto, SLECA EMC shall make good faith efforts to have the Licensee paid by an Outside Party in connection with Outside Party Make-ready. E. Except as to Joint Users already attached to, or reserving space on, SLECAEMC’s Poles, in no event will Licensee be responsible for any Make-ready or other costs incurred for the benefit of an Outside Party and such costs shall immediately be reimbursed to Licensee from such Outside Party. F. SLECA The EMC will make good faith efforts to have the Licensee paid by an Outside Party in connection with Outside Party Make-ready.

RIGHTS OF OTHER PARTIES. ‌ A. If SLECALicensor, prior to the execution of this Agreement, received or conferred upon others, not parties of this Agreement (“Outside Parties”), by contract or otherwise, rights or privileges to attach to, and/or reserve space on any of its Poles covered by this Agreement, nothing herein contained shall will be construed as affecting said rights or privileges with respect to existing Attachments of such Outside Parties, which Attachments shall will continue in accordance with the present practice; all . All future Attachments of such Outside Parties shall will be in accordance with the requirements of Section B belowthe following paragraph, except where such Outside Parties have have, by agreements entered into prior to the execution of this agreement Agreement, acquired enforceable rights or privileges to make Attachments which do not meet such space allocations. SLECA shall Licensor will derive all of the revenue accruing from such Outside Parties. Any contractual rights or privileges of Outside Parties recognized in this paragraph shall will include renewals of or extensions of the term (period) of such contracts. B. In the event any Pole or Poles of SLECA Licensor to which Licensee has made its Attachments would, but for the Attachments of Licensee, be adequate to support additional facilities desired by SLECALicensor, SLECALicensor’s subsidiary or affiliate, or by a Joint User with whom SLECA Licensor has a prior agreement and which Joint User is either occupying space or has requested to attach or reserve space on such Pole(s) prior to the placement of Licensee’s Attachment on such Pole(s), then SLECA shall Licensor will notify Licensee of any changes necessary to provide an adequate Pole or Poles and Licensor or Joint User will reimburse Licensee for the estimated incremental costs thereof. Upon receipt of such notice, Licensee shall remove its Attachments at its sole expense or reimburse SLECA, on demand, for all reasonable costs incurred by SLECA in making such changes. Should Licensee submit a request to make a new Attachment on a Pole that a Joint User is not already attached to but on which the Joint User has reserved space, SLECA Licensor will provide notice of such space reservation to Licensee, provided that SLECA Licensor has such knowledge on or prior to the date of Licensee’s Attachment request. C. If SLECA Licensor desires to confer upon others not parties to this agreement (Outside Parties), by contract or otherwise, rights or privileges to attach to any of its Poles covered by this Agreement, it shall will have the right to do so, provided all such Attachments attachments of such Outside Parties are made in accordance with the following: (1) such Attachments shall attachments will be maintained in conformity with the requirements of Article 3, Specifications, and (2) such Attachments shall attachments will not be located within the space allocation of Licensee and (3) such Attachments will not interfere with Licensee’s Attachments. SLECA shall Licensor will derive all of the revenue accruing from such Outside Parties. D. Except as to Joint Users already attached to SLECA’s Poles, any rights and privileges granted under this Article to others not parties hereto, SLECA shall make good faith efforts to have the Licensee paid by an Outside Party in connection with Outside Party Make-ready. E. Except as to Joint Users already attached to, or reserving space on, SLECA’s Poles, in no event will Licensee be responsible for any Make-ready or other costs incurred for the benefit of an Outside Party and such costs shall immediately be reimbursed to Licensee from such Outside Party. F. SLECA will make good faith efforts to have the Licensee paid by an Outside Party in connection with Outside Party Make-ready.

RIGHTS OF OTHER PARTIES. ‌ A. If SLECALicensor, prior to the execution of this Agreement, received or conferred upon others, not parties of this Agreement (“Outside Parties”), by contract or otherwise, rights or privileges to attach to, and/or reserve space on any of its Poles covered by this Agreement, nothing herein contained shall be construed as affecting said rights or privileges with respect to existing Attachments of such Outside Parties, which Attachments shall continue in accordance with the present practice; all . All future Attachments of such Outside Parties shall be in accordance with the requirements of Section B belowthe following paragraph, except where such Outside Parties have have, by agreements entered into prior to the execution of this agreement Agreement, acquired enforceable rights or privileges to make Attachments which do not meet such space allocations. SLECA Licensor shall derive all of the revenue accruing from such Outside Parties. Any contractual rights or privileges of Outside Parties recognized in this paragraph shall include renewals of or extensions of the term (period) of such contracts. B. In the event any Pole or Poles of SLECA Licensor to which Licensee has made its Attachments would, but for the Attachments of Licensee, be adequate to support additional facilities desired by SLECALicensor, SLECALicensor’s subsidiary or affiliate, or by a Joint User with whom SLECA Licensor has a prior agreement and which Joint User is either occupying space or has requested to attach or reserve space on such Pole(s) prior to the placement of Licensee’s Attachment on such Pole(s), then SLECA Licensor shall notify Licensee of any changes necessary to provide an adequate Pole or Poles and Licensor or Joint User will reimburse Licensee for the estimated incremental costs thereof. Upon receipt of such notice, Licensee shall remove its Attachments at its sole expense or reimburse SLECA, on demand, for all reasonable costs incurred by SLECA in making such changes. Should Licensee submit a request to make a new Attachment on a Pole that a Joint User is not already attached to but on which the Joint User has reserved space, SLECA Licensor will provide notice of such space reservation to Licensee, provided that SLECA Licensor has such knowledge on or prior to the date of Licensee’s Attachment request. C. If SLECA Licensor desires to confer upon others not parties to this agreement (Outside Parties), by contract or otherwise, rights or privileges to attach to any of its Poles covered by this Agreement, it shall have the right to do so, provided all such Attachments of such Outside Parties are made in accordance with the following: (1) such Attachments shall be maintained in conformity with the requirements of Article 3, Specifications, and (2) such Attachments shall not be located within the space allocation of Licensee and (3) such Attachments will not interfere with Licensee’s Attachments. SLECA Licensor shall derive all of the revenue accruing from such Outside Parties. D. Except as to Joint Users already attached to SLECA’s Poles, any rights and privileges granted under this Article to others not parties hereto, SLECA shall make good faith efforts to have the Licensee paid by an Outside Party in connection with Outside Party Make-ready. E. Except as to Joint Users already attached to, or reserving space on, SLECA’s Poles, in no event will Licensee be responsible for any Make-ready or other costs incurred for the benefit of an Outside Party and such costs shall immediately be reimbursed to Licensee from such Outside Party. F. SLECA will make good faith efforts to have the Licensee paid by an Outside Party in connection with Outside Party Make-ready.

RIGHTS OF OTHER PARTIES. ‌ A. If SLECAElectric Utility, prior to the execution of this Agreement, conferred upon others, not parties of this Agreement (“Outside Parties”), by contract or otherwise, rights or privileges to attach to, and/or reserve space on to any of its Poles poles covered by this Agreement, nothing herein contained shall be construed as affecting said rights or privileges with respect to existing Attachments of such Outside Parties, which Attachments shall continue in accordance with the present practice; all future Attachments of such Outside Parties shall be in accordance with the requirements of Section B ARTICLE XV.B. below, except where such Outside Parties have by agreements entered into prior to the execution of this agreement Agreement acquired enforceable rights or privileges to make Attachments which do not meet such space allocations. SLECA Electric Utility shall derive all of the revenue accruing from such Outside Parties. Any contractual rights or privileges of Outside Parties recognized in this paragraph shall include renewals of or extensions of the term (period) of such contracts. B. In the event any Pole or Poles of SLECA to which Licensee has made its Attachments would, but for the Attachments of Licensee, be adequate to support additional facilities desired by SLECA, SLECA’s subsidiary or affiliate, or by a Joint User with whom SLECA has a prior agreement and which Joint User is either occupying space or has requested to attach or reserve space on such Pole(s) prior to the placement of Licensee’s Attachment on such Pole(s), then SLECA shall notify Licensee of any changes necessary to provide an adequate Pole or Poles and the estimated costs thereof. Upon receipt of such notice, Licensee shall remove its Attachments at its sole expense or reimburse SLECA, on demand, for all reasonable costs incurred by SLECA in making such changes. Should Licensee submit a request to make a new Attachment on a Pole that a Joint User is not already attached to but on which the Joint User has reserved space, SLECA will provide notice of such space reservation to Licensee, provided that SLECA has such knowledge on or prior to the date of Licensee’s Attachment request. C. If SLECA Electric Utility desires to confer upon others not parties to this agreement (Outside Parties), by contract or otherwise, rights or privileges to attach to any of its Poles poles covered by this Agreement, it shall have the right to do so, provided all such Attachments of such Outside Parties are made in accordance with the following: (1) such Attachments shall be maintained in conformity with the requirements of Article 3, SpecificationsARTICLE III - SPECIFICATIONS, and (2) such Attachments shall not be located within the space allocation of Licensee. SLECA Electric Utility shall derive all of the revenue accruing from such Outside Parties. D. Except as C. With respect to Joint Users already attached to SLECA’s Poles, any rights and privileges granted by Electric Utility under this Article to others not parties hereto, SLECA Electric Utility shall make good faith efforts reimburse Licensee's cost for transferring and rearranging Licensee's Attachments to have the Licensee paid by an provide space for Attachments for such Outside Party in connection with Outside Party Make-readyParties. E. Except as to Joint Users already attached to, or reserving space on, SLECA’s Poles, in no event will Licensee D. Outside Parties shall be responsible for their pro rata share of any Make-ready or other costs incurred for the benefit of an Outside Party and such costs shall immediately be reimbursed to Licensee from such Outside Partymentioned in ARTICLE IX- DIVISION OF COSTS. F. SLECA will make good faith efforts to have the Licensee paid by an Outside Party in connection with Outside Party Make-ready.