Common use of Expansion of Capacity Clause in Contracts

Expansion of Capacity. Unless the subject Pole is excluded from joint use, Owner Utility will expand Pole Capacity within a reasonable time when necessary to accommodate Attaching Utility’s request for Attachment, such that subject Pole meets the requirements of a Standard Utility Pole, such expansion or replacement shall be at the Attaching Utility’s expense, as adjusted in accordance with Section IX A. At Owner Utility’s discretion, Owner Utility may rearrange or reconfigure its Attachments on subject pole in lieu of pole replacement as long as the Attaching Utility’s Assigned Space can be accommodated. Notwithstanding the foregoing sentence, nothing in this Agreement shall be construed to require Owner Utility to install, retain, extend, or maintain any Pole for use when such Pole is not needed for Owner Utility's service requirements.