Unauthorized Occupancy or Access Clause Samples
The Unauthorized Occupancy or Access clause defines the rules and consequences related to individuals occupying or entering a property without proper authorization. Typically, this clause outlines what constitutes unauthorized use, such as tenants staying beyond their lease term or third parties entering without permission, and may specify remedies like eviction, penalties, or liability for damages. Its core function is to protect property owners or managers by deterring unauthorized use and providing clear recourse if such situations arise.
Unauthorized Occupancy or Access. A. After the Effective Date of this Agreement and the completion of the Initial Attachment Inventory, if any of Licensee’s Communications Facilities, including Overlashing, are found occupying any portion of any of City’s Poles for which no Permit has been issued and is in effect, City, without prejudice to its other rights or remedies may assess an Unauthorized Attachment Fee, as specified in Appendix A, from the date of notice to Licensee until a complete Permit application and all required fees, as per Appendix A, have been submitted for the verified unauthorized attachments or until the verified Unauthorized Attachment is removed in the event the Permit is not granted. At City’s discretion, City may require the immediate removal of the verified unauthorized attachment, in which event Unauthorized Attachment Fees will continue to accrue and be payable by Licensee until the verified unauthorized attachment is removed. If Licensee persists in not removing the verified Unauthorized Attachment for a period of thirty (30) days after notification by City, or after denial of the Permit application, whichever is appropriate, then City may remove the verified Unauthorized Attachment, without liability to Licensee for any damage caused to such verified Unauthorized Attachment during the removal. If the Licensee wishes to dispute the claims of an Unauthorized Attachment, they may conduct the actions specified in Appendix D.
B. If Licensee attaches Communications Facilities after submittal of a Permit application but prior to City’s final determination on the Permit, such premature attachment shall be deemed to be unauthorized, and the Unauthorized Attachment Fee shall apply from the date of notice by City to Licensee until the Permit is issued by City. If the City determines to deny the Permit application for such premature attachment, the Unauthorized Attachment Fee shall apply until the attachment is removed.
C. No act or failure to act by City with regard to unauthorized occupancy or access shall be deemed as ratification of the unauthorized occupancy or access. If any Permit should be subsequently issued, said Permit shall not operate retroactively or constitute a waiver by City of any of its rights or remedies. Licensee shall be subject to all liabilities, obligations and responsibilities for the unauthorized occupancy or access from inception.
Unauthorized Occupancy or Access. If any of Operator’s Attachments are found occupying any portion of KUB Infrastructure for which no License has been issued (Unauthorized Attachment), including Overlashing, Riser Attachments, Sites or Service Drops for which timely notification was not provided or that were deliberately installed in knowing violation of Applicable Standards, KUB, without prejudice to its other rights or remedies under this Agreement, will assess fees and the following procedures will be followed:
14.1.1 KUB shall provide specific written notice, including electronic notification via NJUNS, within thirty (30) calendar days of discovering such violation, and Operator shall be given thirty (30) calendar days from receipt of notice to contest
14.1.2 Operator shall pay back rent for all Unauthorized Attachments for a period of five
14.1.3 In addition to the back rent, where post-construction notification was required but not provided, or where Operator deliberately installed Attachments in knowing violation of Applicable Standards, Operator shall be subject to the penalties as specified in Appendix A for each Unauthorized Attachment, including Service Drops, Riser Attachments and Overlash Attachments, where an existing Licensed Pole Attachment exists. If Operator is found to have (i) repeated instances of Unauthorized Attachments demonstrating a deliberate or consistent pattern of
14.1.4 Operator shall submit a License Application in accordance with Article 6 of this Agreement within thirty (30) calendar days of receipt of notice from KUB of any Unauthorized Attachment(s), or such longer time as mutually agreed to by the parties after an inventory. No additional notification is required for Service Drops. In the case of Overlashing requiring a separate License Application under Article 6, Operator shall be required to submit an Application within thirty (30) calendar days of receipt of notice of Unauthorized Attachment(s).
14.1.5 In the event Operator fails to submit a License Application within thirty (30) calendar days, or such longer time as mutually agreed to by the parties after an inventory, the provisions of Article 23 shall apply.
Unauthorized Occupancy or Access. A. Penalty Fee. If any of Licensee's Attachments are found occupying any Pole for which no Permit has been issued and for which an Annual Attachment fee is owed and not paid hereunder, RMU, without prejudice to its other rights or remedies under this Agreement, may assess an Unauthorized Access Penalty Fee as specified in Appendix A, Item 3.
B. No Ratification of Unlicensed Use. No act or failure to act by RMU with regard to said unlicensed use shall ratify the unlicensed use. If any Permit should be subsequently issued, such Permit shall not operate retroactively or constitute a waiver by RMU of any of its rights or privileges under this Agreement or otherwise; provided, however, that Licensee shall be subject to all liabilities, obligations, and responsibilities of this Agreement in regards to said unauthorized use from its inception.
Unauthorized Occupancy or Access. A. If any of Licensee’s Communications Facilities, including Overlashing by a third- party other than Licensee’s Affiliate, are found occupying any portion of any of Utility’s Poles for which no Permit has been issued and is in effect, Utility, without prejudice to its other rights or remedies, may (1) terminate the Licensee’s Permit related to the Poles that have the unauthorized occupancy, (2) terminate this Agreement, (3) assess an Unauthorized Attachment Fee (as specified in Appendix A) and/or (4) remove Licensee’s Communications Facilities at Licensee’s expense.
B. No act or failure to act by Utility with regard to unauthorized occupancy or access shall be deemed as ratification of the unauthorized occupancy or access. If any Permit should be subsequently issued, said Permit shall not operate retroactively or constitute a waiver by Utility of any of its rights or remedies. Licensee shall be subject to all liabilities, obligations and responsibilities for the unauthorized occupancy or access from inception.
Unauthorized Occupancy or Access