Common use of Installation and Maintenance of Licensee Facilities Clause in Contracts

Installation and Maintenance of Licensee Facilities. The location of Licensee Facilities in the Burlington Fiber System will be approved by the City. Licensee’s Facilities shall be installed and maintained at the sole cost to the Licensee and in accordance with the requirements and specifications of the then current editions of the National Electrical Code (NEC), the National Electrical Safety Code (NESC), and the Washington State Electric Code each of which are incorporated by reference in this Agreement, and the rules and regulations of the Occupational Safety and Health Act of 1970 (OSHA) and in compliance with any lawful rules or orders and design specifications now in effect or that may hereafter be issued by the City or other authority having jurisdiction. Licensee shall be solely responsible for securing any additional approvals that may be required to install Licensee’s Facilities, including the approval by the owner of any infrastructure to which Licensee’s Facilities may be attached. If Licensee’s Facilities, or any part thereof are not maintained in accordance with conditions provided by this Agreement and Licensee has not corrected the violation within thirty (30) days from receipt of written notice thereof from the City, the City may at its own option correct said conditions at Licensee’s expense. The City will notify Licensee in writing prior to performing such work whenever practicable. When the City reasonably believes, however, that such conditions pose an immediate threat to the safety of the City’s employees or results in interference with the performance of the City’s service obligations to the public, or pose an immediate threat to the physical integrity of the City’s Facilities, the City may perform such work and/or take such action at Licensee’s expense that it deems necessary without first giving written notice to Licensee and the City shall be indemnified by Licensee for such work. As soon as practicable thereafter and not later than seventy-two (72) hours after having taken such action, the City will advise Licensee in writing of the work performed or the action taken and make all reasonable efforts to arrange for recommendation of Licensee’s Facilities so affected. Licensee shall be responsible for paying the City for all reasonable costs incurred by the City in taking action under this subsection.