Common use of Unused Equipment Clause in Contracts

Unused Equipment. Except for seasonally used equipment, whenever Licensee has ceased using any Equipment situated upon Pole Owner’s poles with no intention of placing the Equipment back in service, Licensee will remove the Unused Equipment from Pole Owner’s poles within 365 days of the date of last use. If Licensee demonstrates to Pole Owner’s reasonable satisfaction that it is more likely than not that Licensee will resume using the Unused Equipment in the same location within a period of three-years from the date of last use; and that leaving Licensee’s Unused Equipment in place will not preclude Pole Owner or a third party from using the poles occupied by Licensee’s Unused Equipment; and that leaving Licensee’s Unused Equipment in place does not contravene any other obligation of Licensee under this Agreement, the Unused Equipment may remain in place, subject, in all cases to payment of the rental charges under this Agreement for the pole space occupied.

Appears in 12 contracts

Samples: Utah Pole Attachment Agreement, Utah Pole Attachment Agreement, Utah Pole Attachment Agreement

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Unused Equipment. Except for seasonally used equipment, whenever Licensee has ceased using any Equipment situated upon Pole Owner’s poles Poles with no intention of placing the Equipment back in service, Licensee will remove the Unused Equipment from Pole Owner’s poles Poles within 365 days of the date of last use. If Licensee demonstrates to Pole Owner’s reasonable satisfaction that it is more likely than not that Licensee will resume using the Unused Equipment in the same location within a period of three-years from the date of last use; and that leaving Licensee’s Unused Equipment in place will not preclude Pole Owner or a third third-party from using the poles Poles occupied by Licensee’s Unused Equipment; and that leaving Licensee’s Unused Equipment in place does not contravene any other obligation of Licensee under this Agreement, the Unused Equipment may remain in place, subject, in all cases to payment of the rental charges under this Agreement for the pole Pole space occupied.

Appears in 3 contracts

Samples: Utah Pole Attachment Agreement, Utah Pole Attachment Agreement, Attachment Agreement

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Unused Equipment. Except for seasonally used equipment, whenever Licensee has ceased using any Equipment situated upon Pole Owner’s poles polesPoles with no intention of placing the Equipment back in service, Licensee will remove the Unused Equipment from Pole Owner’s poles polesPoles within 365 days of the date of last use. If Licensee demonstrates to Pole Owner’s reasonable satisfaction that it is more likely than not that Licensee will resume using the Unused Equipment in the same location within a period of three-three- years from the date of last use; and that leaving Licensee’s Unused Equipment in place will not preclude Pole Owner or a third party -party from using the poles polesPoles occupied by Licensee’s Unused Equipment; and that leaving Licensee’s Unused Equipment in place does not contravene any other obligation of Licensee under this Agreement, the Unused Equipment may remain in place, subject, in all cases to payment of the rental charges under this Agreement for the pole polePole space occupied.

Appears in 2 contracts

Samples: Attachment Agreement, Utah Pole Attachment Agreement

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