SPECIFICATIONS AND LEGAL REQUIREMENTS. Licensee’s Facilities shall be placed and maintained in accordance with the requirements and specifications of the latest editions of the “Blue Book - Manual of Construction Procedures” (Blue Book), published by Telcordia Technologies Inc.; the “National Electrical Code” (NEC), published by the National Fire Protection Association, Inc.; the “National Electrical Safety Code” (NESC), published by the Institute of Electrical and Electronics Engineers, Inc.; and rules and regulations of the U.S. Department of Labor issued pursuant to the “Federal Occupational Safety and Health Act of 1970”, as amended, (OSHA) or any governing authority having jurisdiction over the subject matter. Where a difference in specifications may exist, the more stringent shall apply. Licensee shall be responsible for obtaining from the appropriate public and/or private authority any required authorization to construct, operate and/or maintain Licensee’s Facilities on public and private property at the location of Licensor’s poles. Licensee shall be responsible for obtaining permission from any Joint Owner(s) or Joint User(s) of the pole before making any attachment thereto. This permission shall be in the form of a license or other writing. No license granted under this Agreement shall extend to any of the Licensor’s poles where the placement of Licensee’s attachments would result in a forfeiture of the rights of licensor, Joint Owner(s), or Joint User(s) to occupy the property on which such poles are located. The Licensor does not warrant the validity or apportionability of any rights it may hold to place facilities on public or private property. The Licensor will, upon written request by the Licensee, provide available information and copies of any documents in its files pertinent to the nature of the rights the Licensor possesses over private property. The cost of providing such information and reproducing documents shall be borne by Licensee.
Appears in 1 contract
Samples: Pole Attachment Agreement
SPECIFICATIONS AND LEGAL REQUIREMENTS. 6.1 Licensee’s Facilities shall be placed and maintained in accordance with the requirements and specifications of the latest editions of of: the “Blue Book - Manual of Construction Procedures” (Blue Book), published by Telcordia Technologies Xxxx Communications Research, Inc.; the “National Electrical Code” Electric Code (NEC), published by the National Fire Protection Association, Inc.; the “National Electrical Safety Code” (NESC), published by the Institute of Electrical and Electronics Engineers, Inc.; and rules and regulations of the U.S. Department of Labor issued pursuant to the “Federal Occupational Safety and Health Act of 1970”, as amended, (OSHA) or any governing authority having jurisdiction over the subject matter. Where a difference in specifications may exist, the more stringent shall apply. .
6.2 Licensee shall be responsible for obtaining from the appropriate public and/or private authority any required authorization to construct, operate and/or maintain LicenseeLicencee’s Facilities on public and private property at the location of on Licensor’s poles. Licensee shall be responsible for obtaining permission from any Joint joint Owner(s) or Joint User(s) of the pole before making any attachment thereto. This permission shall be in the form of a license or other writing. .
6.3 No license granted under this Agreement shall extend to any of the Licensor’s poles where the placement of Licensee’s attachments would result in a forfeiture of the rights of licensor, Joint Owner(s), or Joint User(s) to occupy the property on which such poles are located. The Licensor does not warrant the validity or apportionability If placement of any rights it may hold to place facilities on public or private property. The Licensor will, upon written request by the Licensee, provide available information and copies of any documents ’s attachments would result in its files pertinent to the nature a forfeiture of the rights the Licensor possesses over private of licensor, Joint Owner(s), or Joint User(s) or both, to occupy such property. The cost of providing such information , Licensee agrees to remove its attachments forthwith; and reproducing documents shall be borne by LicenseeLicensee agrees to pay Licensor, Joint Owner(s) or Joint User(s), or both all losses, damages and costs incurred as a result thereof.
Appears in 1 contract
Samples: Pole Attachment Agreement
SPECIFICATIONS AND LEGAL REQUIREMENTS. Licensee’s Facilities shall be placed and maintained in accordance with the requirements and specifications of the latest editions of the “Blue Book - Manual of Construction Procedures” (Blue Book), published by Telcordia Technologies Inc.; the “National Electrical Code” (NEC), published by the National Fire Protection Association, Inc.; the “National Electrical Safety Code” (NESC), published by the Institute of Electrical and Electronics Engineers, Inc.; and rules and regulations of the U.S. Department of Labor issued pursuant to the “Federal Occupational Safety and Health Act of 1970”, as amended, (OSHA) or any governing authority having jurisdiction over the subject matter. Where a difference in specifications may exist, the more stringent shall apply. Licensee shall be responsible for obtaining from the appropriate public and/or private authority any required authorization to construct, operate and/or maintain Licensee’s Facilities on public and private property at the location of Licensor’s poles. Licensee shall be responsible for obtaining permission from any Joint Owner(s) or Joint User(s) of the pole before making any attachment thereto. This permission shall be in the form of a license or other writing. Where Licensor has an easement over a public or private right of way sufficiently broad under applicable state law to permit Licensee attachment, Licensee shall not be required to obtain independent permission of the property owner to attach. In any case where the Licensor seeks to obtain any necessary permission from a property owner for Licensee’s attachments, the fully allocable costs for such efforts shall be paid by the Licensee along with make-ready costs, if any. No license granted under this Agreement shall extend to any of the Licensor’s poles where the placement of Licensee’s attachments would result in a forfeiture of the rights of licensorLicensor, Joint Owner(s), or Joint User(s) to occupy the property on which such poles are located. The Licensor does not warrant the validity or apportionability of any rights it may hold to place facilities on public or private property. The Licensor will, upon written request by the Licensee, provide available information and copies of any documents in its files pertinent to the nature of the rights the Licensor possesses over private property. The cost of providing such information and reproducing documents shall be borne by Licensee.
Appears in 1 contract
Samples: Pole Attachment Agreement
SPECIFICATIONS AND LEGAL REQUIREMENTS. Licensee's Facilities shall be placed and maintained in accordance with the requirements and specifications of Appendix V (Verizon New England’s Requirements and Specifications for Occupancy of Licensor's Conduit System) attached hereto and made a part hereof. Licensor may update this Appendix V from time to time. Licensee’s Facilities shall be placed and maintained in accordance with the requirements and specifications of the latest editions of the “Blue Book - Manual of Construction Procedures” (Blue Book), published by Telcordia Technologies Inc.; the “National Electrical Code” (NEC), published by the National Fire Protection Association, Inc.; the “National Electrical Safety Code” (NESC), published by the Institute of Electrical and Electronics Engineers, Inc.; and rules and regulations of the U.S. Department of Labor issued pursuant to the “Federal Occupational Safety and Health Act of 1970”, as amended, (OSHA) or any governing authority having jurisdiction over the subject matter. Where a difference in specifications may exist, the more stringent shall apply. Licensee shall be responsible for obtaining from the appropriate public and/or private authority any required authorization to construct, operate and/or maintain Licensee’s Facilities on public and private property at the location of Licensor’s poles. Licensee shall be responsible for obtaining permission from any Joint Owner(s) or Joint User(s) of the pole before making any attachment theretoconduit. This permission shall be in the form of a license or other writing. No license granted under this Agreement shall extend to any of the Licensor’s poles conduit where the placement of Licensee’s attachments Facilities would result in a forfeiture of the rights of licensor, Joint Owner(s), or Joint User(s) Licensor to occupy the property on which such poles are conduit is located. The Licensor does not warrant the validity or apportionability of any rights it may hold to place facilities on public or private property. The Licensor will, upon written request by the Licensee, provide available information and copies of any documents in its files pertinent to the nature of the rights the Licensor possesses over private property. The cost of providing such information and reproducing documents shall be borne by Licensee.
Appears in 1 contract
Samples: Conduit License Agreement