Common use of Effect of Failure to Exercise Access Rights Clause in Contracts

Effect of Failure to Exercise Access Rights. If Attaching Utility does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within two hundred (200) calendar days of the effective date of such right and any extension thereof, Owner Utility may use the space scheduled for Attaching Utility’s Attachment(s), for its own needs and/or other Attaching Entities. In such instances, Owner Utility shall endeavour to make other space available to Attaching Utility, upon written application per Article VI, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. This clause shall not apply if the Attaching Utility is unable to exercise its access rights due to circumstances that are beyond its control upon written notification to the Owner Utility.

Effect of Failure to Exercise Access Rights. If Attaching Utility does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within two hundred (200) calendar days of the effective date of such right and any extension thereof, Owner Utility may use the space scheduled for Attaching Utility’s Attachment(s), for its own needs and/or other Attaching Entities. In such instances, Owner Utility shall endeavour endeavor to make other space available to Attaching Utility, upon written application per Article VI, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. This clause shall not apply if the Attaching Utility is unable to exercise its access rights due to circumstances that are beyond its control upon written notification to the Owner Utility.