Common use of Unilateral Corrective Action Clause in Contracts

Unilateral Corrective Action. When either party reasonably believes that, due to the condition of the other party’s facilities placed on, within, or in the vicinity of SWBT’s poles, ducts, conduits, or rights-of-way, there is an immediate or imminent threat to the safety or health of employees or any other person, to the physical integrity or functioning of either party, or either party’s ability to meet its service obligations, either party may unilaterally perform such limited corrective work as may be necessary to prevent or mitigate against the injury threatened. For example, if facilities of the other party have become detached or partially detached from a pole, or detached or partially detached from supporting racks or wall supports within a manhole, either party may reattach them as provided in this section but shall not be obligated to do so. (a) Before performing any corrective work involving facilities of the other party, SWBT or Applicant shall first attempt to notify the other party. After such notice has been given, the parties shall coordinate corrective work. (b) When an emergency situation exists such that advance notice and coordination are not practicable, either party may perform corrective work without first giving notice to the other party and shall promptly notify the other party of the corrective work performed and the reason why notice was not given.

Appears in 11 contracts

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way, Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way, Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

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Unilateral Corrective Action. When either party reasonably believes that, due to the condition of the other party’s 's facilities placed on, within, or in the vicinity of SWBT’s 's poles, ducts, conduits, or rights-of-way, there is an immediate or imminent threat to the safety or health of employees or any other person, to the physical integrity or functioning of either party, or either party’s 's ability to meet its service obligations, either party may unilaterally perform such limited corrective work as may be necessary to prevent or mitigate against the injury threatened. For example, if facilities of the other party have become detached or partially detached from a pole, or detached or partially detached from supporting racks or wall supports within a manhole, either party may reattach them as provided in this section but shall not be obligated to do so. (a) Before performing any corrective work involving facilities of the other party, SWBT or Applicant shall first attempt to notify the other party. After such notice has been given, the parties shall coordinate corrective work. (b) When an emergency situation exists such that advance notice and coordination are not practicable, either party may perform corrective work without first giving notice to the other party and shall promptly notify the other party of the corrective work performed and the reason why notice was not given.

Appears in 1 contract

Samples: Exhibit (Dti Holdings Inc)

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Unilateral Corrective Action. When either party Party reasonably believes that, due to the condition of the other partyParty’s facilities placed on, within, or in the vicinity of SWBTNEVADA’s poles, ducts, conduits, or rights-of-way, there is an immediate or imminent threat to the safety or health of employees or any other person, to the physical integrity or functioning of either partyParty, or either partyParty’s ability to meet its service obligations, either party Party may unilaterally perform such limited corrective work as may be necessary to prevent or mitigate against the injury threatened. For example, if facilities of the other party Party have become detached or partially detached from a pole, or detached or partially detached from supporting racks or wall supports within a manhole, either party Party may reattach them as provided in this section but shall not be obligated to do so. (a) 15.6.1 Before performing any corrective work involving facilities of the other partyParty, SWBT NEVADA or Applicant shall first attempt to notify the other partyParty. After such notice has been given, the parties Parties shall coordinate corrective work. (b) 15.6.2 When an emergency situation exists such that advance notice and coordination are not practicable, either party Party may perform corrective work without first giving notice to the other party Party and shall promptly notify the other party Party of the corrective work performed and the reason why notice was not given.

Appears in 1 contract

Samples: Access Agreement

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