Common use of Unauthorized Attachments Clause in Contracts

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. 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 Upon request of the then current Company, Permittee shall provide written evidence of Attachment Fee authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorization, Permittee shall pay to the Company a penalty of Five Hundred Dollars ($500.00) or as may be paid by Licensee to GTE allowed under any applicable regulations in effect at that time, for each unauthorized Attachment to a GTE polemade after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. Such payment The amount of the penalty authorized in this Agreement shall be deemed liquidated damages and not a penaltysubject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Licensee also Any unauthorized attachments made prior to October 22, 1998 shall pay GTE an be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment Fee for each unauthorized Attachment accruing fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the unauthorized Attachment was first placed terms of this Agreement. If payment is not received within thirty (30) days of invoice date, the Company may invoke rights under Article X, Termination, and remove Permittee’s Attachments from the Company Facilities. All attachments on the GTE pole. In the event service/clearance poles that the date the unauthorized Attachment was first placed on a GTE pole canPermittee has not be determined, such date shall be deemed the date of the last physical inventory made obtained written authorization in accordance with Section 3.2 of this Agreement orshall be treated as an unauthorized attachment. All new facilities, if no physical inventory rebuild of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has been conducted, the date the first PAR from Licensee was approved not obtained written authorization in accordance with Section 3.1.b of 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 Agreement shall be determined in the same manner treated as such fee would have been determined if the attachment had been authorized by GTEan unauthorized attachment.

Unauthorized Attachments. 14.1 The parties agree that because it would be impracticable and extremely difficult to determine If any Attachment made after the actual amount Effective Date of damages resulting from Licensee's unauthorized Attachment(sthis Agreement is identified for which the APPENDIX A requirements (as set forth herein) have not been satisfied ("Unauthorized Attachment"), then, provided Licensee has 90 days to verify or deny the unauthorized attachments, upon receiving written notice the Licensee shall pay to the Electric Utility a charge one-time fee of fifty dollars ($50) per pole plus a sum 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 adjustment payments that would have been payable from and not a penalty. Licensee also shall pay GTE an Attachment Fee for each unauthorized Attachment accruing from after the date the unauthorized Attachment was first placed on the GTE pole. In the event Electric Utility's pole as determined from Licensee’s records or other evidence; provided, however, that if the date on which the unauthorized Attachment was first placed on a GTE pole made cannot be determined, such date shall be deemed then the date of Licensee will pay a sum equal to the last physical inventory made in accordance with this Agreement or, if no physical inventory has adjustment payments that would have been conducted, payable from and after the date the first PAR from last Actual Inventory of Joint Poles was conducted, subject to any applicable laws regarding statutes of limitations. If the Licensee was approved in accordance with does not respond within 90 days, it will not have the right to dispute the unauthorized attachment fee. In addition, the Electric Utility may, without prejudice to its other rights or remedies under this Agreement, require the Licensee to submit within fifteen (15) business days of verification by Licensee that an Attachment is an Unauthorized Attachment (provided that Licensee has 90 days to verify or deny that an Unauthorized Attachment exists upon receiving written notice from Utility), an APPENDIX A along with supporting engineering design data for each such Attachment, and upon review of such information, the Electric Utility may require the Licensee to make or pay for such modifications as may be specified by mutual consent of the parties or if non-approval of APPENDIX A is justified, remove the Unauthorized Attachment at Licensee's expense within 90 days or by mutual agreement after Licensee has verified that the Attachment is an Unauthorized Attachment. If Licensee also shall pay has failed to GTE all costs incurred submit an APPENDIX A or has not removed such Unauthorized Attachments within the 90 days or by GTE to rearrange any unauthorized Attachment(s) of Licensee mutual agreement if such rearrangement non-approval is required justified, then the Electric Utility may remove such Attachments at the Licensee’s expense and with no liability 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 Electric Utility, in which event the Licensee shall reimburse the Electric Utility upon demand for the presence cost the Electric Utility incurred in making such removal and shall indemnify and save the Electric Utility harmless from and against all loss, liability, or expense (including but not limited to claim of Licensee's unauthorized Attachment(s)third parties) resulting from the removal of such Unauthorized Attachment, except in cases of negligence, gross negligence or intentional misconduct. Nothing herein shall relieve the Licensee shall also pay of its obligation to GTE maintain Attachments at 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 times 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 GTEconformity with ARTICLE III - SPECIFICATIONS.

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 ’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 unauthorlzed 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(sattachment(s) of Licensee if such rearrangement is required isrequired to safeguard GTE's Attachment(s’s attachment(s) or to accommodate the Attachment(sattachment(s) of another party whose Attachment(sattachment(s) would not have required a rearrangement but for the presence of Licensee's ’s unauthorized Attachment(sattachment(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.