Common use of Third Party Use and Notice Clause in Contracts

Third Party Use and Notice. If any third party, including other utilities, desire to jointly use the municipal rights- of-way, the Company agrees it will not grant the third party joint use except in accordance with this paragraph, or unless otherwise directed by any governmental authority or court of law having jurisdiction. The Company agrees the following procedure will be used in granting permission to third parties desiring joint use of the municipal rights-of-way: i. first, the third party will be directed to approach the Company to initially request conditional approval from the Company to use that part of the municipal rights- of-way it seeks to use; ii. second, upon receiving written conditional approval from the Company, the third party will be directed to approach the Municipality to obtain its written approval to jointly use that part of the municipal rights-of-way. As a condition of granting its consent, the Municipality may require such third party enter into an agreement with the Municipality, and such agreement may require such third party pay compensation to the Municipality; and iii. third, upon receiving written conditional approval from the Municipality, the third party will be directed to obtain final written approval from the Company to jointly use that part of the municipal rights-of-way. Once a joint use agreement has been entered into between the Company and the third party, it will not be subsequently amended without the written consent of the Municipality (which consent will not be unreasonably withheld).

Third Party Use and Notice. If The Company agrees that should any third party, including other utilities, desire to jointly use the municipal rights- of-wayCompany’s poles, conduits or trenches or related parts of the Distribution System, the Company agrees it will shall not grant the third party joint use except in accordance with this paragraphArticle, or unless otherwise directed by any governmental authority or court of law having jurisdiction. The Company agrees that the following procedure will shall be used in granting permission to third parties desiring joint use of the municipal rights-of-wayDistribution System: i. i) first, the third party will shall be directed to approach the Company to initially request conditional approval from the Company to use that part of the municipal rights- of-way Distribution System it seeks to use; ii. ) second, upon receiving written conditional approval from the Company, the third party will shall be directed to approach the Municipality to obtain its written approval to jointly use that part of the municipal rightsDistribution System on any Municipal Property or right-of-way. As a condition of granting its consent, the Municipality may require such third party enter into an agreement with the Municipality, and such agreement may require such third party pay compensation to the Municipality; and iii. ) third, upon receiving written conditional approval from the Municipality, the third party will shall be directed to obtain final written approval from the Company to jointly use that part of the municipal rights-of-wayDistribution System. Once a joint use agreement has been entered into between Providing the Company and has not precluded the Municipality’s ability to obtain compensation or has entered restrictive agreements with any third partyparties using any Municipal Property, it will not be subsequently amended without the written consent of the Municipality (which consent will not be unreasonably withheld)agrees that the procedure outlined above shall apply only to agreements made after January 1, 2011.

Third Party Use and Notice. If any third party, including other utilities, desire to jointly use the municipal rights- ofrights-of- way, the Company agrees it will not grant the third party joint use except in accordance with this paragraph, or unless otherwise directed by any governmental authority or court of law having jurisdiction. The Company agrees the following procedure will be used in granting permission to third parties desiring joint use of the municipal rights-of-way: i. first, the third party will be directed to approach the Company to initially request conditional approval from the Company to use that part of the municipal rights- ofrights-of- way it seeks to use; ii. second, upon receiving written conditional approval from the Company, the third party will be directed to approach the Municipality to obtain its written approval to jointly use that part of the municipal rights-of-way. As a condition of granting its consent, the Municipality may require such third party enter into an agreement with the Municipality, and such agreement may require such third party pay compensation to the Municipality; and iii. third, upon receiving written conditional approval from the Municipality, the third party will be directed to obtain final written approval from the Company to jointly use that part of the municipal rights-of-way. Once a joint use agreement has been entered into between the Company and the third party, it will not be subsequently amended without the written consent of the Municipality (which consent will not be unreasonably withheld).

Third Party Use and Notice. If The Company agrees that should any third party, including other utilities, desire to jointly use the municipal rights- of-wayCompany’s poles, conduits or trenches or related parts of the Distribution System, the Company agrees it will shall not grant the third party joint use except in accordance with this paragraphArticle, or unless otherwise directed by any governmental authority or court of law having jurisdiction. The Company agrees that the following procedure will shall be used in granting permission to third parties desiring joint use of the municipal rights-of-wayDistribution System: i. i) first, the third party will shall be directed to approach the Company to initially request conditional approval from the Company to use that part of the municipal rights- of-way Distribution System it seeks to use; ii. ) second, upon receiving written conditional approval from the Company, the third party will shall be directed to approach the Municipality to obtain its written approval to jointly use that part of the municipal rights-of-way. As a condition of granting its consent, the Municipality may require such third party enter into an agreement with the Municipality, and such agreement may require such third party pay compensation to the MunicipalityDistribution System on any Municipal Property or right‐of‐way; and iii. ) third, upon receiving written conditional approval from the Municipality, the third party will shall be directed to obtain final written approval from the Company to jointly use that part of the municipal rights-of-wayDistribution System. Once a joint use agreement has been entered into between Providing the Company and has not precluded the Municipality’s ability to obtain compensation or has entered restrictive agreements with any third partyparties using any Municipal Property, it will not be subsequently amended without the written consent of the Municipality (which consent will not be unreasonably withheld)agrees that the procedure outlined above shall apply only to agreements made after January 1, 2011.

Third Party Use and Notice. If any third party, including other utilities, desire to jointly use the municipal rights- rights-of-way, the Company agrees it will not grant the third party joint use except in accordance with this paragraph, or unless otherwise directed by any governmental authority or court of law having jurisdiction. The Company agrees the following procedure will be used in granting permission to third parties desiring joint use of the municipal rights-of-way: i. i) first, the third party will be directed to approach the Company to initially request conditional approval from the Company to use that part of the municipal rights- rights-of-way it seeks to use; ii. ) second, upon receiving written conditional approval from the Company, the third party will be directed to approach the Municipality to obtain its written approval to jointly use that part of the municipal rights-of-way. As a condition of granting its consent, the Municipality may require such third party enter into an agreement with the Municipality, and such agreement may require such third party pay compensation to the Municipality; and iii. ) third, upon receiving written conditional approval from the Municipality, the third party will be directed to obtain final written approval from the Company to jointly use that part of the municipal rights-of-way. Once a joint use agreement has been entered into between the Company and the third party, it will not be subsequently amended without the written consent of the Municipality (which consent will not be unreasonably withheld).