Common use of Violation of Specifications Clause in Contracts

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.

Appears in 2 contracts

Samples: Pole Attachment License Agreement, Pole Attachment License Agreement

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Violation of Specifications. If Licensee’s AttachmentsCommunications 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 sixty (3060) calendar days from receipt of written notice of the violation(s) from the District, the District at its option, may correct such conditionsconditions 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.

Appears in 2 contracts

Samples: Pole Attachment License Agreement, Pole Attachment License Agreement

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