Common use of TERMINATION OF PERMITS Clause in Contracts

TERMINATION OF PERMITS. A. Any Permit issued pursuant to this Agreement shall automatically terminate when Licensee ceases to have authority to construct and operate its Communications Facilities on public or private property at the location of the particular Pole covered by the Permit. Licensee shall, at its sole expense, remove the Communications Facilities, including all Overlashing, from the affected Pole(s) within sixty (60) days of notice by the City. If Licensee fails to remove the Communications Facilities from the affected Pole(s) within sixty (60) days after the City issued notice, City shall have the right to remove the Communications Facilities at Licensee’s expense. Communications Facilities that Licensee does not remove within sixty (60) days shall constitute an unauthorized Attachment subject to the Unauthorized Attachment Fee included in Appendix A and the process defined in Appendix D. B. Any Permit issued pursuant to this Agreement shall automatically terminate for an Attachment that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”). Licensee shall, at its sole expense, remove any Nonfunctional Attachment, or part of a Nonfunctional Attachment, within sixty (60) days of the Attachment becoming nonfunctional upon notice of the City. If Licensee fails to remove a Nonfunctional Attachment within sixty (60) days after City notice, City shall have the right to remove the Nonfunctional Attachment at Licensee’s expense. A Nonfunctional Attachment that Licensee fails to remove as required shall be subject to a Failure to Remove Facilities Fee included in Appendix A. Licensee shall provide City notice of Nonfunctional Attachments in the Attachment Inventory. C. Licensee may at any time surrender any Permit for Attachment of Communications Facilities to City’s Poles. Licensee shall, at its sole expense, remove the Communications Facilities from the affected Pole(s) within sixty (60) days of Licensee’s notice of surrender of a Permit. If Licensee fails to remove the Communications Facilities from the affected Pole(s) within sixty (60) days of notice, City shall have the right to remove the Communications Facilities at Licensee’s expense. Communications Facilities that Licensee does not remove within sixty (60) days shall constitute an unauthorized Attachment subject to the Unauthorized Attachment Fee included in Appendix A.

TERMINATION OF PERMITS. A. Any 30. Attaching Party shall have 60 days from the date Consumers has issued a Permit to complete attachment of Attaching Party's cable; if the attachment has not been completed within the 60-day period, the Permit shall terminate without further notice to Attaching Party as to any pole or poles covered by the Permit to which Attaching Party has not attached Attaching Party's cable. 31. If at any time after Attaching Party has attached Attaching Party's cable to Consumers' poles, Consumers is informed or has reason to believe that such attachment is not authorized by any governmental authority or private property owner, then Attaching Party shall remove Attaching Party's cable from any Consumers' poles immediately after receiving notice from Consumers of such circumstance and the Permit(s) covering such poles shall automatically terminate. 32. Consumers may, in addition to seeking any other remedy available to it, terminate this Agreement or any Permit issued under this Agreement if Attaching Party neglects or refuses to comply with any of the provisions of this Agreement and fails within 10 days after written notice from Consumers to correct such neglect, refusal, or default. 33. In the event a governmental entity at any time requires Consumers to remove 1 or more of Consumers' poles, any Permit issued to Attaching Party for such poles shall automatically terminate as to such poles, in which event Consumers shall refund to Attaching Party any unearned payments made pursuant to this Agreement Agreement. 34. Attaching Party may at any time terminate any Permit to attach Attaching Party's cable to any pole by removing Attaching Party's cable from such pole and notifying Consumers of such removal. The Permit covering such pole shall automatically terminate when Licensee ceases to have authority to construct and operate its Communications Facilities on public or private property at the location upon receipt of the particular Pole covered by the Permit. Licensee shall, at its sole expense, remove the Communications Facilities, including all Overlashing, from the affected Pole(s) within sixty (60) days of such notice by the CityConsumers. Attaching Party may at any time terminate this Agreement by removing all of Attaching Party's cable from all of Consumers' poles and notifying Consumers of such removal. 35. Except as otherwise provided in this Agreement, Attaching Party shall have 30 days within which to remove Attaching Party's cable from Consumers' pole or poles upon termination of this Agreement or of a Permit issued under this Agreement. If Licensee Attaching Party fails to remove the Communications Facilities Attaching Party's cable from the affected Pole(s) Consumers' pole or poles within sixty (60) days after the City issued noticesuch 30-day period, City Consumers shall have the right to remove Attaching Party's cable from said pole or poles, without notice or liability of any kind to Attaching Party, in which event Attaching Party shall reimburse Consumers upon demand for the Communications Facilities at Licensee’s expensecost Consumers incurred in making such removal. Communications Facilities that Licensee does Attaching Party shall indemnify and save Consumers harmless from and against all loss, liability, or expense resulting such removal, including but not remove within sixty (60) days shall constitute an unauthorized Attachment subject limited to the Unauthorized Attachment Fee included in Appendix A and the process defined in Appendix D.claims of third parties. B. Any Permit 36. All Permits issued pursuant to under this Agreement shall automatically terminate for an Attachment that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”). Licensee shall, at its sole expense, remove any Nonfunctional Attachment, or part upon termination of a Nonfunctional Attachment, within sixty (60) days of the Attachment becoming nonfunctional upon notice of the City. If Licensee fails to remove a Nonfunctional Attachment within sixty (60) days after City notice, City shall have the right to remove the Nonfunctional Attachment at Licensee’s expense. A Nonfunctional Attachment that Licensee fails to remove as required shall be subject to a Failure to Remove Facilities Fee included in Appendix A. Licensee shall provide City notice of Nonfunctional Attachments in the Attachment Inventorythis Agreement. C. Licensee may at any time surrender any Permit for Attachment of Communications Facilities to City’s Poles. Licensee shall, at its sole expense, remove the Communications Facilities from the affected Pole(s) within sixty (60) days of Licensee’s notice of surrender of a Permit. If Licensee fails to remove the Communications Facilities from the affected Pole(s) within sixty (60) days of notice, City shall have the right to remove the Communications Facilities at Licensee’s expense. Communications Facilities that Licensee does not remove within sixty (60) days shall constitute an unauthorized Attachment subject to the Unauthorized Attachment Fee included in Appendix A.

TERMINATION OF PERMITS. A. Any Permit issued pursuant to this Agreement shall automatically terminate when Licensee ceases to have authority to construct and operate its Communications Facilities on public or private property at the location of the particular Pole covered by the Permit. Licensee shall, at its sole expense, remove the Communications Facilities, including all Overlashing, Facilities from the affected Pole(s) within sixty (60) days of notice by the Citydays. If Licensee fails to remove the Communications Facilities from the affected Pole(s) within sixty (60) days after the City issued noticedays, City Utility shall have the right to remove the Communications Facilities at Licensee’s expense. Communications Facilities that Licensee does not remove within sixty (60) days shall constitute an unauthorized Attachment subject to the Unauthorized Attachment Fee and Failure to Remove Facilities Fee included in Appendix A and the process defined in Appendix D.A. B. Any Permit issued pursuant to this Agreement shall automatically terminate for an Attachment that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”). Licensee shall, at its sole expense, remove any Nonfunctional Attachment, or part of a Nonfunctional Attachment, within sixty (60) days of the Attachment becoming nonfunctional upon notice of the Citynonfunctional. If Licensee fails to remove a Nonfunctional Attachment within sixty (60) days after City noticedays, City Utility shall have the right to remove the Nonfunctional Attachment at Licensee’s expense. A Nonfunctional Attachment that Licensee fails to remove as required shall be constitute an unauthorized Attachment subject to a the Unauthorized Attachment Fee and Failure to Remove Facilities Fee included in Appendix A. Where Licensee has Overlashed a Nonfunctional Attachment, the Nonfunctional Attachment may remain in place until Utility notifies Licensee that removal is necessary to accommodate use of the affected Pole. Licensee shall provide City Utility notice of Nonfunctional Attachments in the Attachment Inventory. C. Licensee may at any time surrender any Permit for Attachment of Communications Facilities to City’s Utility’ Poles. Licensee shall, at its sole expense, remove the Communications Facilities from the affected Pole(s) within sixty (60) days of Licensee’s notice of surrender of a Permit. If Licensee fails to remove the Communications Facilities from the affected Pole(s) within sixty (60) days of noticedays, City Utility shall have the right to remove the Communications Facilities at Licensee’s expense. Communications Facilities that Licensee does not remove within sixty (60) days shall constitute an unauthorized Attachment subject to the Unauthorized Attachment Fee and Failure to Remove Facilities Fee included in Appendix A.

TERMINATION OF PERMITS. A. Any Permit issued (a) Upon written notice from Licensor to Licensee that the use of any facility is no longer available for occupancy pursuant to this Agreement Agreement, the permit covering the use of such facility shall automatically immediately terminate when and Licensee ceases to have authority to construct and operate its Communications Facilities on public shall remove, within thirty (30) calendar days or private property at the location of the particular Pole covered other reasonable period agreed upon by the Permit. Licensee shallLicensor and Licensee, at its sole expense, remove the Communications Facilities, including all Overlashing, attachments from the affected Pole(sfacility at Licensee's expense. Upon receipt of written notice, Licensee shall have thirty (30) within sixty (60) calendar days to propose an alternative location for its attachment. Upon agreement of the Licensee and Licensor such attachment shall be moved to the alternative location as an authorized attachment. If, after notice by the City. If to remove is given, Licensee fails to remove its facilities within thirty (30) calendar days, Licensor shall proceed with the Communications Facilities removal with no liability or repercussion from Licensee for damage that Licensee might sustain. Costs associated with removal by Licensor shall be borne by Licensee in accordance with Exhibit D. (b) Licensee may at any time request removal of its attachments from any facility of Licensor, and shall immediately give Licensor written notice of such removal in the affected Pole(s) form of Exhibit B, hereto attached and made a part hereof. No refund of any rental or other fees or costs will be made upon removal. If Licensee surrenders its permit pursuant to the provisions of this Article, but fails to remove Licensee's attachments from Licensor's facilities within sixty thirty (6030) days after the City issued noticethereafter, City Licensor shall have the right to remove the Communications Facilities Licensee's attachments at Licensee’s expense's expense and without any liability on the part of Licensor for damage or injury to Licensee's facilities, and Licensee shall indemnify and hold Licensor harmless for claims and demands of third parties arising out of such removal in accordance with Article 18. Communications Facilities If Licensee's attachments are removed by Licensor as provided by this Article, Licensor may dispose of such attachments at its discretion without the permission of and with no obligation to Licensee. In the event that Licensee's attachments shall be removed from any facility as provided by this Article, no attachment shall again be made to such facility unless Licensee does not remove within sixty (60) days shall constitute an unauthorized Attachment subject to have first complied with all of the Unauthorized Attachment Fee included in Appendix A and the process defined in Appendix D. B. Any Permit issued pursuant to provisions of this Agreement shall automatically terminate for an Attachment that becomes nonfunctional and as though no longer fit for service (“Nonfunctional Attachment”). Licensee shall, at its sole expense, remove any Nonfunctional Attachment, or part of a Nonfunctional Attachment, within sixty (60) days of the Attachment becoming nonfunctional upon notice of the City. If Licensee fails to remove a Nonfunctional Attachment within sixty (60) days after City notice, City shall have the right to remove the Nonfunctional Attachment at Licensee’s expense. A Nonfunctional Attachment that Licensee fails to remove as required shall be subject to a Failure to Remove Facilities Fee included in Appendix A. Licensee shall provide City notice of Nonfunctional Attachments in the Attachment Inventorysuch attachment had previously been made. C. Licensee may at any time surrender any Permit for Attachment of Communications Facilities to City’s Poles. Licensee shall, at its sole expense, remove the Communications Facilities from the affected Pole(s) within sixty (60) days of Licensee’s notice of surrender of a Permit. If Licensee fails to remove the Communications Facilities from the affected Pole(s) within sixty (60) days of notice, City shall have the right to remove the Communications Facilities at Licensee’s expense. Communications Facilities that Licensee does not remove within sixty (60) days shall constitute an unauthorized Attachment subject to the Unauthorized Attachment Fee included in Appendix A.