Common use of Violation of Specifications Clause in Contracts

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.