Town Use of New Poles Sample Clauses

Town Use of New Poles. During the Term of this Agreement, and upon Xxxxxxx’s prior written approval which shall be provided or refused in Grantee’s reasonable discretion, and provided Grantee and Town enter into an attachment agreement under mutually acceptable terms, the Town may attach Town facilities to any New Poles for Town governmental purposes (and not for any other purpose unless agreed by Grantee), including but not limited to streetlights and other lighting. The Town right to use New Poles pursuant to this limited and non-exclusive license shall be subject to the following conditions: (i) such use does not interfere with Grantee’s present or future use of its Network or Equipment; (ii) such use by the Town is consistent with the structural capacity of the New Poles taking into account Applicable Standards and there is adequate space available on the New Poles for such Town Use; (iii) the additional or increased costs to Grantee as a result of the shared use is de minimis; and (iv) such shared use complies with generally applicable engineeringstandards. Grantee shall not be responsible for maintenance, repair or replacement of Town-owned lights, light bulbs and equipment or equipment owned by third parties authorized by the Town on theNew Poles. The Town shall not be required to pay an annual recurring fee for attachment of public safety devices (e.g., cameras, shot spotters, traffic signs) and banners to any New Poles; provided, however, the Town will be responsible for any costs incurred by Grantee for surveys, make ready work and pole replacement, if necessary. The Town will place, replace, operate, maintain and remove any and all public safety devices and banners at its own expense. At the Town request, Grantee may deed any New Pole to the Town however upon any such deed to the Town Grantee shall not thereafter be subject to the Annual Facility Fee under Section 4.l with respect to its attachment to that New Pole. This Section shall not apply to Replacement Poles or repaired Inadequate Poles (as defined in Section 15), which shall be the property of the Town and therefore subject to Town control.
Sample 1
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Related to Town Use of New Poles

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  • Definitions For purposes of this Agreement:

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  • Governing Law THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • MODIFICATION This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assignees.

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  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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