Existing Utility Poles Clause Samples

Existing Utility Poles. KSFiberNet may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner, provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the city’s police powers, and in no instance shall KSFiberNet erect a new pole within an existing aerial pole line absent the City’s prior authorization.
Existing Utility Poles. Mobilitie may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner, provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the City’s police powers, and in no instance shall Mobilitie erect a new pole within an existing aerial pole line absent the City’s prior authorization.
Existing Utility Poles. JMZ may attach its Facilities to an existing City utility pole, or to a third-party utility pole, pursuant to an agreement with the utility pole owner, provided, however that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the City’s police powers, and in no instance shall JMZ erect a new pole within an existing aerial pole line absent the City’s prior authorization. There shall be no charge to JMZ associated with its use of an existing City utility pole.
Existing Utility Poles. “Existing Utility Poles” shall mean any pole(s) that is installed before the Effective Date and is owned and/or leased by the Grantor or a third party. For the purposes of this Agreement, an “Existing Utility Pole” may be defined as a new pole placed in exactly, or nearly exactly, the same location as an Existing Utility Pole for the purpose of facilitating the installation of Franchisee’s Equipment where such Equipment could not otherwise be accommodated on an Existing Utility Pole, provided that such pole is not more than 10% larger in either height or diameter than the Existing Utility Pole, and provided further that there is no net increase in the total number of utility poles on the Property, and provided further that the new pole is approved in writing by the Grantor, which approval shall not be unreasonably withheld, conditioned or delayed if the new pole will not exceed fifty (50) feet in height, or the height of the previously existing pole, whichever is greater, and two (2) feet wide.
Existing Utility Poles. Zayo may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner, provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the city’s police powers, and in no instance shall Zayo erect a new pole within an existing aerial pole line absent the City’s prior authorization.
Existing Utility Poles. Wildflower may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner, provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the City‟s police powers, and in no instance shall Wildflower erect a new pole within an existing aerial pole line absent the City‟s prior authorization.
Existing Utility Poles. Tech 5 may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner, provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the city’s police powers, and in no instance shall Tech 5 erect a new pole within an existing aerial pole line absent the City’s prior authorization.

Related to Existing Utility Poles

  • New utilities (i) The Contractor shall allow, subject to the permission from the Authority and such conditions as the Authority may specify, access to, and use of the Site for laying telephone lines, water pipes, electricity lines/ cables or other public utilities. Where such access or use causes any financial loss to the Contractor, it may require the user of the Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause 9.3 shall not in any manner relieve the Contractor of its obligation to construct and maintain the Project Highway in accordance with this Agreement and any damage caused by such use shall be restored forthwith at the cost of the Authority. (ii) The Authority may, by notice, require the Contractor to connect any adjoining road to the Project Highway, and the connecting portion thereof falling within the Site shall be constructed by the Contractor at the Authority’s cost in accordance with Article 10. (iii) The Authority may by notice require the Contractor to connect, through a paved road, any adjoining service station, hotel, motel or any other public facility or amenity to the Project Highway, whereupon the connecting portion thereof that falls within the Site shall be constructed by the Contractor on payment of the cost. The cost to be paid by the Authority to the Contractor shall be determined by the Authority’s Engineer. For the avoidance of doubt, in the event such road is to be constructed for the benefit of any entity, the Authority may require such entity to make an advance deposit with the Contractor or the Authority, as the case may be, of an amount equal to the estimated cost as determined by the Authority’s Engineer and such advance shall be adjusted against the cost of construction as determined by the Authority’s Engineer hereunder. (iv) In the event construction of any Works is affected by a new utility or works undertaken in accordance with this Clause 9.3, the Contractor shall be entitled to a reasonable Time Extension as determined by the Authority’s Engineer.