Attachment Requirements. 3. Attaching Party shall not attach Attaching Party's Equipment to any of Consumers' poles unless and until Attaching Party has obtained all necessary permits, licenses, easements, franchises, and consents from property owners and governmental authorities relating to Attaching Party's attachment and use of Attaching Party's Equipment on Consumers' poles. Attaching Party shall be solely responsible for obtaining all such licenses, easements, franchises, and consents. Upon Consumers' request, Attaching Party shall submit to Consumers satisfactory evidence that Attaching Party has acquired such permits, licenses, easements, franchises, and consents. 4. The attachment of Attaching Party's Equipment to Consumers' poles shall be subject to all permits, licenses, easements, franchises, or consents granted to Consumers by property owners and governmental authorities, and Attaching Party shall be responsible to comply with the terms and conditions of all such permits, licenses, easements, franchises, or consents. 5. The attachment of Attaching Party's Equipment to Consumers' poles shall at all times comply with all applicable laws, ordinances, rules, and regulations. Without limiting the foregoing, Attaching Party shall attach and maintain Attaching Party's Equipment in accordance with Michigan Public Service Commission (MPSC) Order No. 1679, as amended, other applicable rules or orders of the MPSC, and such other specifications not less restrictive than the foregoing as the parties may agree upon from time to time hereafter. Drawings showing certain of such requirements and specifications are attached hereto and made a part hereof as Exhibit A. Attaching Party shall be responsible for any fines, assessments, taxes or levies rendered by any administrative agency (including the MPSC) or governing body against either the Attaching Party or Consumers as a result of any violation or alleged violation of any applicable laws, ordinances, rules or regulations due to the attachment of the Attaching Party’s Equipment to Consumers’ pole. 6. Consumers may, at its sole discretion, specify the location on Consumers' poles at which Attaching Party is to attach Attaching Party's Equipment. In such event, Attaching Party shall be responsible to determine if attachment at the specified location will result in a violation of any applicable law, rule, regulation, ordinance, or order of any governmental authority or regulatory body, including the MPSC. If Attaching Party determines that the specified location will result in such a violation, Attaching Party shall so advise Consumers and obtain Consumers' authorization to make the attachment at a location that does not result in such a violation. 7. Attaching Party's Equipment shall be attached and maintained only by properly trained, skilled workers who are fully qualified and licensed to perform such work in proximity to electric lines and equipment. 8. Attaching Party shall operate and maintain Attaching Party's Equipment in a safe condition and in thorough repair, at its sole expense, and in such a manner suitable to Consumers that no attachment will conflict in any manner with Consumers' use of Consumers' poles or interfere with the operation or use of Consumers' facilities from time to time placed on Consumers' poles. 9. No attachment of Attaching Party's Equipment to Consumers' poles shall result in interference with Consumers' service requirements, including but not by way of limitation, considerations of safety and economy. Attaching Party shall be responsible, at its sole expense, to eliminate any such inductive interference. Attaching Party shall reimburse Consumers upon demand for the cost of all work Consumers deems necessary or desirable in order to eliminate or reduce inductive interference or other interference caused by Attaching Party's Equipment. 10. Attaching Party shall reimburse Consumers for all damage to Consumers' poles or facilities that occur during construction or maintenance of Attaching Party’s Equipment or that otherwise arises out of Attaching Party's activities pursuant to this Agreement. Attaching Party shall immediately report the occurrence of any such damage to Consumers. 11. Attaching Party shall identify its Equipment attached to Consumers’ poles, either by marking the Equipment itself or attaching an appropriate means of identification to the Equipment at least at every other pole. All such identifications shall be readable by the naked eye from the ground. 12. Consumers or Consumers’ contractors shall make all attachments of Attaching Party's Equipment to the portion of Consumers’ poles above Consumers’ electric conductors, equipment and associated safety zone and shall likewise perform all inspections, maintenance, repairs, alterations, and removals thereof, at Attaching Party’s expense. The associated safety zone is the zone which extends downward a certain distance, from the electric facilities installed at that pole, as defined by the National Electrical Safety Code (NESC) and as shown in Exhibit A. Attaching Party shall at no time have access to the portion of Consumers’ poles in or above the safety zone near Consumers’ electric conductors or equipment for any purpose. To arrange for attachment, inspection, maintenance, repair, alteration, removal, or other work on Attaching Party’s Equipment, Attaching Party shall contact Consumers at the phone number indicated in the Permit Consumers issues to Attaching Party. Consumers or Consumers’ contractors shall perform such work to meet Attaching Party’s requirements, but such work shall be performed at times determined solely as dictated by Consumers’ utility business. Attaching Party may attach Attaching Party’s Equipment to the portion of Consumers poles below Consumers’ electric conductors, energized equipment and associated safety zone as determined by applicable safety codes. 13. Attaching Party’s Equipment located below Consumers’ electric conductors, equipment and the associated safety zone may be attached and maintained by the Attaching Party, using however only properly trained, skilled workers who are fully qualified and licensed to perform such work in proximity to electric lines and equipment. 14. Attaching Party shall be responsible to arrange for separately-metered electric service for Attaching Party’s Equipment on Consumers’ poles, at a location Consumers specifically approved in writing by Consumers. Attaching Party shall pay for all costs and charges associated with such service.
Appears in 1 contract
Sources: Pole Attachment Agreement
Attachment Requirements. 3. Attaching Party shall not attach Attaching Party's Equipment cable to any of Consumers' poles unless and until Attaching Party has obtained all necessary permits, licenses, easements, franchises, and consents from property owners and governmental authorities relating to Attaching Party's attachment and use of Attaching Party's Equipment cable on Consumers' poles. Attaching Party shall be solely responsible for obtaining all such licenses, easements, franchises, and consents. Upon Consumers' request, Attaching Party shall submit to Consumers satisfactory evidence that Attaching Party has acquired such permits, licenses, easements, franchises, and consents.
4. The attachment of Attaching Party's Equipment cable to Consumers' poles shall be subject to all permits, licenses, easements, franchises, or consents granted to Consumers by property owners and governmental authorities, and Attaching Party shall be responsible to comply with the terms and conditions of all such permits, licenses, easements, franchises, or consents.
5. The attachment of Attaching Party's Equipment cable to Consumers' poles shall at all times comply with all applicable laws, ordinances, rules, and regulations. Without limiting the foregoing, Attaching Party shall attach and maintain Attaching Party's Equipment cable in accordance with Michigan Public Service Commission (MPSC) Order No. 1679, as amended, other applicable rules or orders of the MPSC, and such other specifications not less restrictive than the foregoing as the parties may agree upon from time to time hereafter. Drawings showing certain of such requirements and specifications are attached hereto and made a part hereof as Exhibit A. A, Pages 1 through 11. Attaching Party shall be responsible for any fines, assessments, taxes or levies rendered by any administrative agency (including the MPSC) or governing body against either the Attaching Party or Consumers as a result of any violation or alleged violation of any applicable laws, ordinances, rules or regulations due to the attachment of the Attaching Party’s Equipment cable to Consumers’ pole.
6. Consumers may, at its sole discretion, specify the location on Consumers' poles at which Attaching Party is to attach Attaching Party's Equipmentcable. In such event, Attaching Party shall be responsible to determine if attachment at the specified location will result in a violation of any applicable law, rule, regulation, ordinance, or order of any governmental authority or regulatory body, including the MPSC. If Attaching Party determines that the specified location will result in such a violation, Attaching Party shall so advise Consumers and obtain Consumers' authorization to make the attachment at a location that does not result in such a violation.
7. Attaching Party's Equipment cable shall be attached and maintained only by properly trained, skilled workers who are fully qualified and licensed to perform such work in proximity to electric lines and equipment.
8. Attaching Party shall operate and maintain Attaching Party's Equipment cable in a safe condition and in thorough repair, at its sole expense, and in such a manner suitable to Consumers that no attachment will conflict in any manner with Consumers' use of Consumers' poles or interfere with the operation or use of Consumers' facilities from time to time placed on Consumers' poles.
9. No attachment of Attaching Party's Equipment cable to Consumers' poles shall result in interference with Consumers' service requirements, including but not by way of limitation, considerations of safety and economy. Attaching Party shall be responsible, at its sole expense, to eliminate any such inductive interference. Attaching Party shall reimburse Consumers upon demand for the cost of all work Consumers deems necessary or desirable in order to eliminate or reduce inductive interference or other interference caused by Attaching Party's Equipmentcable.
10. Attaching Party shall reimburse Consumers for all damage to Consumers' poles or facilities that occur during construction or maintenance of Attaching Party’s Equipment cable or that otherwise arises out of Attaching Party's activities pursuant to this Agreement. Attaching Party shall immediately report the occurrence of any such damage to Consumers.
11. Attaching Party shall identify its Equipment cable attached to Consumers’ poles, either by marking the Equipment cable itself or attaching an appropriate means of identification to the Equipment cable at least at every other pole. All such identifications shall be readable by the naked eye from the ground.
12. Consumers or Consumers’ contractors shall make all attachments of Attaching Party's Equipment to the portion of Consumers’ poles above Consumers’ electric conductors, equipment and associated safety zone and shall likewise perform all inspections, maintenance, repairs, alterations, and removals thereof, at Attaching Party’s expense. The associated safety zone is the zone which extends downward a certain distance, from the electric facilities installed at that pole, as defined by the National Electrical Safety Code (NESC) and as shown in Exhibit A. Attaching Party shall at no time have access to the portion of Consumers’ poles in or above the safety zone near Consumers’ electric conductors or equipment for any purpose. To arrange for attachment, inspection, maintenance, repair, alteration, removal, or other work on Attaching Party’s Equipment, Attaching Party shall contact Consumers at the phone number indicated in the Permit Consumers issues to Attaching Party. Consumers or Consumers’ contractors shall perform such work to meet Attaching Party’s requirements, but such work shall be performed at times determined solely as dictated by Consumers’ utility business. Attaching Party may attach Attaching Party’s Equipment to the portion of Consumers poles below Consumers’ electric conductors, energized equipment and associated safety zone as determined by applicable safety codes.
13. Attaching Party’s Equipment located below Consumers’ electric conductors, equipment and the associated safety zone may be attached and maintained by the Attaching Party, using however only properly trained, skilled workers who are fully qualified and licensed to perform such work in proximity to electric lines and equipment.
14. Attaching Party shall be responsible to arrange for separately-metered electric service for Attaching Party’s Equipment on Consumers’ poles, at a location Consumers specifically approved in writing by Consumers. Attaching Party shall pay for all costs and charges associated with such service.
Appears in 1 contract
Sources: Pole Attachment Agreement