Unauthorized Attachments. 14.1 The parties agree that because it would be impracticable and extremely difficult to determine the actual amount of damages resulting from Licensee's unauthorized Attachment(s), a charge equal to five (5) times the amount of the then current Attachment Fee shall be paid by Licensee to GTE for each unauthorized Attachment to a GTE pole. Such payment shall be deemed liquidated damages and not a penalty. Licensee also shall pay GTE an Attachment Fee for each unauthorized Attachment accruing from the date the unauthorized Attachment was first placed on the GTE pole. In the event that the date the unauthorized Attachment was first placed on a GTE pole cannot be determined, such date shall be deemed the date of the last physical inventory made in accordance with this Agreement or, if no physical inventory has been conducted, the date the first PAR from Licensee was approved in accordance with this Agreement. Licensee also shall pay to GTE all costs incurred by GTE to rearrange any unauthorized Attachment(s) of Licensee if such rearrangement is required to safeguard GTE's Attachment(s) or to accommodate the Attachment(s) of another party whose Attachment(s) would not have required a rearrangement but for the presence of Licensee's unauthorized Attachment(s). Licensee shall also pay to GTE all costs incurred by GTE to reinforce, replace or modify any GTE pole, which reinforcement, replacement or modification was required as a result of the unauthorized Attachment of Licensee. The Attachment Fee referenced in this subsection 14.1 shall be determined in the same manner as such fee would have been determined if the attachment had been authorized by GTE.
Unauthorized Attachments. Before an individual or firm attaches any equipment or material to any Cooperative property (including pipes, valves, fittings, equipment, or structures), the individual or firm must receive written permission from the Cooperative. Any unauthorized attachment is subject to removal at any time without notice and the Cooperative may recover the costs associated with such removal. SCHEDULE OF NONRECURRING CHARGES Related Tariff Rule(s) Description Charge
Unauthorized Attachments. Licensee shall not make Attachments to Pole Owner’s Poles without obtaining the Pole Owner’s written permission as provided for in this Agreement. Pole Owner may charge License the amounts contained in the Fee Schedule attached hereto as Exhibit upon the discovery of unauthorized Attachments belonging to Licensee. The imposition of such charges shall be without prejudice to Pole Owner’s right to utilize additional other remedies, including, but not limited, to the remedies available for default under Article VI of this Agreement and any remedies available under Commission rules.
Unauthorized Attachments. If any of CLEC’s communications facilities shall be found attached to Ameritech’s poles or in Ameritech’s ducts or conduits for which no Occupancy Permit was issued, Ameritech will provide notice to CLEC in writing and CLEC must correct such noncompliance within ninety (90) days of receipt of such notice.
Unauthorized Attachments. Licensee shall not make Attachments to Pole Owner’s poles without obtaining the Pole Owner’s written permission as provided for in this Agreement. Pole Owner may charge License back rent from the date of the actual attachment or, if unable to provide evidence of such actual date, 5 years or the date of the most recent audit, whichever is sooner, plus the unauthorized attachment fee contained in the Fee Schedule attached hereto as Exhibit A upon the discovery of unauthorized Attachments belonging to Licensee. The imposition of such charges shall be without prejudice to Pole Owner’s right to utilize additional other remedies, including, but not limited, to the remedies available for default under Article VI of this Agreement and any remedies available under Commission rules.
Unauthorized Attachments. 10.1 If any of Licensee’s Attachments are not licensed under this Agreement, Verizon may recover fees as specified in subsections 10.3 and 10.4, without prejudice to its other rights and remedies under this Agreement, and require Licensee to submit an Application covering the unauthorized Attachments within thirty (30) Days after receipt of written notification from Verizon.
Unauthorized Attachments. 9.1 If any of Licensee’s facilities are attached to Licensor’s poles without being licensed, Licensor, may recover fees as specified in subpart 9.2, without prejudice to its other rights or remedies under this Agreement, including termination, or otherwise, and require Licensee to submit in writing, within thirty (30) days after receipt of written notification from Licensor of the unauthorized attachment, a pole attachment application. If such application is not received within the specified time period, Licensee shall remove its unauthorized attachments within thirty (30) days of the final date for submitting the required application, or Licensor may remove Licensee’s attachments or facilities without liability at the Licensee’s expense.
Unauthorized Attachments. A. Except as otherwise specifically provided in this Agreement, any Attachment made by Licensee without the written approval of Owner pursuant to the terms of this Agreement, or any prior agreement governing such facilities, shall be considered an unauthorized attachment. Upon discovery of an unauthorized Attachment other than in an Attachment Inventory conducted pursuant to Section 9 above, Owner shall provide Notice to Licensee, which shall include the pole number and location. Within twenty (20) business days after Licensee’s receipt of such Notice, Licensee may dispute the Notice with regard to some or all poles identified in it by providing a written response and supporting documentation to the Owner.
Unauthorized Attachments. For all states that have not established their own unauthorized attachment fees, the following shall apply:
Unauthorized Attachments. Licensee shall not make Attachments to CenturyLink’s poles without obtaining CenturyLink’s written permission as provided for in this Agreement. CenturyLink may charge License back rent from the date of the actual attachment or, if unable to provide evidence of such actual date, 5 years or the date of the most recent audit, whichever is sooner, plus the unauthorized attachment fee contained in the Fee Schedule attached hereto as Exhibit A upon the discovery of Unauthorized Attachments belonging to Licensee. The imposition of such charges shall be without prejudice to CenturyLink’s right to utilize additional other remedies, including, but not limited, to the remedies available for default under Article VI of this Agreement and any remedies available under Commission rules.
