Violation of Specifications. If Licensee’s Communications Facilities, or any part thereof, are installed, used or maintained in violation of this Agreement, and Licensee has not corrected the violation(s) within 60 calendar days from receipt of written notice of the violation(s) from District, District at its option, may correct such conditions. If Licensee violations exceed more than 15 of the District poles, then within 30 days following the date of the notice of violation from the District, the parties shall work together on a mutual timeframe for Licensee to correct said violations. After said 60 days of notice to Licensee, the District may correct Licensee’s violations and will attempt to notify Licensee in writing prior to performing such work whenever practicable. When District reasonably believes, however, that such violation(s) pose an immediate threat to the safety of any person, interfere with the performance of District’s service obligations or pose an immediate threat to the physical integrity of District Facilities, District may perform such work and/or take such action as it deems necessary without first giving written notice to Licensee. As soon as practicable thereafter, District will advise Licensee of the work performed or the action taken. Licensee shall be responsible for all actual and documented costs incurred by District in taking action pursuant to this Paragraph.
Violation of Specifications. If Licensee’s Attachment(s), or any part thereof, are installed, used or maintained in violation of this Agreement, and Licensee has not corrected the violation(s) within thirty (30) calendar days from receipt of written notice of the violation(s) from the City, the City at its option, may unilaterally correct such conditions. The City will attempt to notify Licensee in writing prior to performing such work whenever practicable. When the City believes, however, that such violation(s) pose an immediate threat to the safety of any person, interfere with the performance of the City’s service obligations or pose an immediate threat to the physical integrity of City Facilities, the City may perform such work and/or take such action as it deems necessary without first giving written notice to Licensee. As soon as practicable thereafter, the City will advise Licensee of the work performed or the action taken. Licensee shall be responsible for all actual and reasonable costs incurred by the City in taking action pursuant to this Paragraph, and shall indemnify the City from liability for all such work.
Violation of Specifications. If Licensee’s Attachments, or any part thereof, are installed, used or maintained in violation of this Agreement, Licensee shall correct the violation(s) caused by Licensee within sixty (60) calendar days from the date of written notice of the violation(s) from the District or later date as specified in the notice of violation, subject to the expedited provision for immediate threat detailed below. If the nature of the violation is such that correction of the violation cannot reasonably be completed within sixty (60) days, the District and Licensee may agree that the Licensee shall commence corrective action within the sixty (60) day period, and complete all corrective action pursuant to a reasonable schedule approved by the District. The District shall notify Licensee in writing prior to the District performing corrective work whenever possible. When the District reasonably believes, however, that violation(s) pose an immediate threat to the safety of any person or property, materially interfere with the performance of District’s service obligations, or pose an immediate threat to the physical integrity of District Facilities, the District may perform corrective work and/or take such action as it deems necessary without first giving written notice to Licensee. As soon as practicable thereafter, the District will advise Licensee of the work performed or the action taken. Licensee shall be responsible for all actual documented, and reasonable costs incurred by the District in taking action pursuant to this provision including overtime rates incurred by the District, where directly related to and caused by the actions of Licensee, but excluding any costs caused by the District’s negligence or willful misconduct.
Violation of Specifications. If Licensee’s Communications Facilities, or any part thereof, are installed, used, or maintained in violation of this Agreement, and Licensee has not corrected the violation(s) within thirty (30) calendar days from receipt of written notice of the violation(s) from Utility, Utility at its option, may correct such conditions. Utility will attempt to notify Licensee in writing prior to performing such work whenever practicable. When Utility believes, however, that such violation(s) pose an immediate threat to the safety of any person, interfere with the performance of Utility’s service obligations, or pose an immediate threat to the physical integrity of Utility Facilities, Utility may perform such work and/or take such action as it deems necessary without first giving written notice to Licensee. As soon as practicable thereafter, Utility will advise Licensee of the work performed or the action taken. Licensee shall be responsible for all costs incurred by Utility in taking action pursuant to this Paragraph 4.5.
Violation of Specifications. If Licensee’s Communications Facilities, or any part thereof, are installed, used or maintained in violation of this Agreement, and Licensee has not corrected the violation(s) within sixty (60) calendar days from receipt of written notice of the violation(s) from the District, the District at its option, may correct such conditions or consider the violation an unauthorized attachment, pursuant to Article 14.
1. The District will attempt to notify Licensee in writing prior to performing such work whenever practicable. When the District reasonably believes, however, that such violation(s) pose an immediate threat to the safety of any person, interfere with the performance of the District’s service obligations or pose an immediate threat to the physical integrity of District Facilities, the District may perform such work and/or take such action as it deems necessary without first giving written notice to Licensee. As soon as practicable thereafter, the District will advise Licensee of the work performed or the action taken. Licensee shall be responsible for all costs incurred by the District in taking action pursuant to this Paragraph.
Violation of Specifications. If Licensee’s Attachments, or any part thereof, are installed, used or maintained in violation of this Agreement, and Licensee has not corrected the violation(s) within thirty (30) calendar days from receipt of written notice of the violation(s) from District, District at its option, may correct such conditions. District will attempt to notify Licensee in writing prior to performing such work whenever practicable. When District believes, however, that such violation(s) pose an immediate threat to the safety of any person, interfere with the performance of District’s service obligations or pose an immediate threat to the physical integrity of District Facilities, District may perform such work and/or take such action as it deems necessary without first giving written notice to Licensee. As soon as practicable thereafter, District will advise Licensee of the work performed or the action taken. Licensee shall be responsible for all costs incurred by District in taking action pursuant to this Paragraph.
Violation of Specifications. If Licensee’s Communications Facilities, or any part thereof, are installed, used or maintained in violation of this Agreement, and Licensee has not corrected the violation(s) within sixty (60) calendar days from receipt of written notice of the violation(s) from the Utility, the Utility at its option, may correct such conditions or consider the violation an unauthorized attachment, pursuant to Article 14.1. The Utility will attempt to notify Licensee in writing prior to performing such work whenever practicable. When the Utility reasonably believes, however, that such violation(s) pose an immediate threat to the safety of any person, interfere with the performance of the Utility’s service obligations or pose an immediate threat to the physical integrity of Utility Facilities, the Utility may perform such work and/or take such action as it deems necessary without first giving written notice to Licensee. As soon as practicable thereafter, the Utility will advise Licensee of the work performed or the action taken. Licensee shall be responsible for all costs incurred by the Utility in taking action pursuant to this Paragraph.
Violation of Specifications. If Licensee's Communications Facilities, or any part thereof, are installed, used, or maintained in violation of this Agreement, and Licensee has not corrected the violation(s) within thirty
Violation of Specifications. If Licensee’s Attachment(s), or any part thereof, are installed, used or maintained in violation of this Agreement, and Licensee has not corrected the violation(s) within thirty (30) calendar days from receipt of written notice of the violation(s) from the City, the City at its option, may unilaterally correct such conditions. The City will attempt to notify Licensee in writing prior to performing such work whenever practicable. When the City reasonably believes, however, that such violation(s) pose an “Emergency”, the City may perform such work and/or take such action as it deems necessary without first giving written notice to Licensee. As soon as practicable thereafter, the City will advise Licensee of the work performed or the action taken. Licensee shall be responsible for all actual and reasonable costs incurred by the City in taking action pursuant to this Section, and shall indemnify the City from liability for all such work, except to the extent of the City’s negligence or willful misconduct in connection with such liability. An “Emergency” is conditions that in the discretion of the City (i) pose an immediate threat to the safety of utility workers or the public; (ii) materially and adversely interfere with the performance of City’s service obligations; or (iii) pose an immediate threat to the integrity of City’s or other attachers’ equipment or Structure.
Violation of Specifications. If Attaching Utility's Facilities, or any part thereof, are installed, used, or maintained in violation of this Agreement, and Attaching Utility has not corrected the violation(s) within thirty (30) calendar days from receipt of written notice of the violation(s) from Owner Utility, Owner Utility at its option, may correct said conditions on giving three (3) calendar days notice. An exception to this requirement will apply only when Owner Utility believes that such violation(s) pose an immediate threat to the safety of any person, or pose an immediate threat to the physical integrity of Owner Utility’s Facilities (or those of the Electric Utility, where relevant), in which case Owner Utility may perform such work and/or take such action as it deems necessary without first giving written notice to Attaching Utility. As soon as practicable thereafter, Owner Utility will advise Attaching Utility of the work performed or the action taken. Attaching Utility shall be responsible for all reasonable costs incurred by the Owner Utility in taking action pursuant to this subsection.
