Common use of Unauthorized Network Node on Service Pole Clause in Contracts

Unauthorized Network Node on Service Pole. 3.5.1. The City shall deem as unauthorized any type of Network Node attached or Collocated to a Service Pole if there is no Collocation attachment agreement for such Network Node and/or Service Pole, or if there is no Permit issued by the City for such Location, even if the attachment was inadvertently or incorrectly permitted. The City, in its sole discretion, may upon 30 days’ written notice, remove or require the Licensee to remove unauthorized Network Node at Licensee’s expense without any liability to the City. The City will invoice and Licensee shall reimburse the City within 30 days of receipt of the invoice for the City's cost of removal of unauthorized Network Node. 3.5.2. All approvals granted by the City for installation of Network Nodes on Service Poles are specific to the Network Node as described in the application. Proposed modifications to Network Nodes subsequent to their attachment to Service Poles that would increase the weight of the Network Node above the weight specified in the initially-approved application, shall not be performed without prior approval in writing by the City Engineer. Requests for such approval shall be made in writing by Licensee and shall be accompanied by documentation identifying the weight of the proposed modification. The City Engineer shall grant approval for the modification only if the City Engineer determines that the additional weight will not jeopardize the integrity of the Service Pole and will not pose a risk to public health or safety.