Common use of Unauthorized Installations Clause in Contracts

Unauthorized Installations. Any WCF or any Wireless Site owned or operated by the Licensee or an affiliate of the Licensee which WCF or Wireless Site is not authorized in accordance with Applicable Laws shall constitute a material breach of this Agreement. Upon discovery of any unauthorized WCF or unauthorized Wireless Site and upon notice by the Licensor, the Licensee shall immediately and without undue delay decommission or otherwise render the WCF or Wireless Site inoperable and the Licensee shall remove the unauthorized WCF or Wireless site within thirty (30) days of such notice by the Licensor; provided, however, upon written request of the Licensee to the Licensor and with the discretionary consent of the Licensor, the Licensor may stay or toll the required removal of the unauthorized and inoperable WCF or Wireless Site in order that the Licensee may apply for approval of the WCF or Wireless Site in accordance with Laws. In the event that the Licensee elects to apply for approval of the unauthorized WCF or Wireless Site in accordance with this Section, any application for approval shall be processed as if the WCF or Wireless Site was never established and there shall be no presumption or assumption that the WCF or Wireless Site is acceptable, appropriate, or necessary to the Licensee’s Network due to its prior existence or prior operation. In the event that the Licensee’s application for approval of an unauthorized WCF or Wireless Site the Licensee shall remove the WCF or Wireless Site request is denied, Licensee shall remove the WCF or Wireless Site within thirty (30) days of the date of the Licensor’s denial of the application. In the event that the licensee’s application for approval of an unauthorized WCF or Wireless Site is approved, Licensee must pay all required fees for a new Wireless Site, plus interest at the rate of eight percent (8%) per annum on the required fees from the date of the original installation. Nothing in this Agreement shall prevent the City from imposing or seeking any penalties or remedies provided for under Law or in equity.

Unauthorized Installations. Any WCF SCF or any Wireless Site owned or operated by the Licensee or an affiliate Affiliate of the Licensee which WCF SCF or Wireless Site is not authorized in accordance with Applicable this Agreement and any applicable Laws shall constitute a material breach of this Agreement. Upon discovery of any unauthorized WCF SCF or unauthorized Wireless Site and upon notice by the Licensor, the Licensee shall immediately and without undue delay decommission or otherwise render the WCF SCF or Wireless Site inoperable and the Licensee shall remove the unauthorized WCF SCF or Wireless site within thirty sixty (3060) days of such notice by the Licensor; provided, however, upon written request of the Licensee to the Licensor and with the discretionary consent of the Licensor, the Licensor may stay or toll the required removal of the unauthorized and inoperable WCF SCF or Wireless Site in order that the Licensee may apply for approval of the WCF SCF or Wireless Site in accordance with Laws. In the event that the Licensee elects to apply for approval of the unauthorized WCF SCF or Wireless Site in accordance with this Section, any application for approval shall be processed as if the WCF SCF or Wireless Site was never established and there shall be no presumption or assumption that the WCF SCF or Wireless Site is acceptable, appropriate, or necessary to the Licensee’s Network due to its prior existence or prior operation. In the event that the Licensee’s application for approval of an unauthorized WCF SCF or Wireless Site is denied, the Licensee shall remove the WCF or Wireless Site request is denied, Licensee shall remove the WCF SCF or Wireless Site within thirty sixty (3060) days of the date of the Licensor’s denial of the application. In the event that the licenseeLicensee’s application for approval of an unauthorized WCF SCF or Wireless Site is approved, Licensee must pay all required fees for a new Wireless SiteSite that have not otherwise already been paid, plus interest at the rate of eight two percent (82%) per annum on the required fees from the date of the original installation. Nothing in this Agreement shall prevent the City from imposing or seeking any penalties or remedies provided for under Law or in equity.

Unauthorized Installations. Any WCF or any Wireless Site Equipment owned or operated by the Licensee or an affiliate of the Licensee which WCF or Wireless Site Equipment is not authorized in accordance with Applicable Laws shall constitute a material breach of this Agreement. Upon discovery of any unauthorized WCF or unauthorized Wireless Site Equipment and upon notice by the Licensor, the Licensee shall immediately and without undue delay decommission or otherwise render the WCF or Wireless Site Equipment inoperable and the Licensee shall remove the unauthorized WCF or Wireless site Equipment within thirty (30) days of such notice by the Licensor; provided, however, upon written request of the Licensee to the Licensor and with the discretionary consent of the Licensor, the Licensor may stay or toll the required removal of the unauthorized and inoperable WCF or Wireless Site Equipment in order that the Licensee may apply for approval of the WCF or Wireless Site Equipment in accordance with Laws. In the event that the Licensee elects to apply for approval of the unauthorized WCF or Wireless Site Equipment in accordance with this Section, any application for approval shall be processed as if the WCF or Wireless Site Equipment was never established and there shall be no presumption or assumption that the location of the WCF or Wireless Site Equipment is acceptable, appropriate, or necessary to the Licensee’s Network due to its prior existence or prior operation. In the event that the Licensee’s application for approval of an unauthorized WCF or Wireless Site the Licensee shall remove the WCF or Wireless Site request Equipment is denied, Licensee shall remove the WCF or Wireless Site Equipment within thirty (30) days of the date of the Licensor’s denial of the application. In the event that the licensee’s application for approval of an For any unauthorized WCF or Wireless Site is approvedEquipment, Licensee must pay all required fees for a new Wireless Site, plus interest at the rate of eight percent (8%) per annum on the required fees from the date of the original installation. Nothing in this Agreement shall prevent the City Licensor from imposing or seeking any penalties or remedies provided for under Law or in equity.

Unauthorized Installations. Any WCF or any Wireless Site owned or operated by the Licensee or an affiliate Affiliate of the Licensee which WCF or Wireless Site is not authorized in accordance with Applicable this Agreement and any applicable Laws shall constitute a material breach of this Agreement. Upon discovery of any unauthorized WCF or unauthorized Wireless Site and upon notice by the Licensor, the Licensee shall immediately and without undue delay decommission or otherwise render the WCF or Wireless Site inoperable and the Licensee shall remove the unauthorized WCF or Wireless site within thirty (30) days of such notice by the Licensor; provided, however, upon written request of the Licensee to the Licensor and with the discretionary consent of the Licensor, the Licensor may stay or toll the required removal of the unauthorized and inoperable WCF or Wireless Site in order that the Licensee may apply for approval of the WCF or Wireless Site in accordance with Laws. In the event that the Licensee elects to apply for approval of the unauthorized WCF or Wireless Site in accordance with this Section, any application for approval shall be processed as if the WCF or Wireless Site was never established and there shall be no presumption or assumption that the WCF or Wireless Site is acceptable, appropriate, or necessary to the Licensee’s Network due to its prior existence or prior operation. In the event that the Licensee’s application for approval of an unauthorized WCF or Wireless Site the Licensee shall remove the WCF or Wireless Site request is denied, the Licensee shall remove the WCF or Wireless Site within thirty (30) days of the date of the Licensor’s denial of the application. In the event that the licenseeLicensee’s application for approval of an unauthorized WCF or Wireless Site is approved, Licensee must pay all required fees for a new Wireless Site, plus interest at the rate of eight two percent (82%) per annum on the required fees from the date of the original installation. Nothing in this Agreement shall prevent the City from imposing or seeking any penalties or remedies provided for under Law or in equity.