Joint Use of Poles Clause Samples

Joint Use of Poles a. Before the Telecommunications/Internet Provider shall make a pole contact or attachment to any of the Power Company's poles, the Telecommunications/Internet Provider must submit a completed application in the form attached and identified as Exhibit C and shall comply with the procedures set forth in this section. b. If, in the judgment of the Power Company, joint use under the circumstances is undesirable, the Power Company shall have the right to reject the application. In any event, within forty-five (45) days after the receipt of such application, the Power Company shall notify the Telecommunications/Internet Provider in writing whether the application is approved or rejected. If the Power Company does not respond within forty-five (45) days, the dispute resolution process described herein shall be invoked. Telecommunications/Internet Provider must submit a new application whenever the Telecommunications/Internet Provider desires to add, relocate, replace, or otherwise modify Telecommunications/Internet Provider’s facilities. Service drops may be attached or replaced without The Power Company’s prior approval provided the new attachments are applied for within thirty (30) days of completion. The Power Company reserves the right to deny proposed attachments in space that is required for The Power Company’s use in accordance with an existing bona fide plan for expansion of core business or is not acceptable for Telecommunications/Internet Provider’s use due to capacity, safety, reliability, or engineering concerns. Telecommunications/Internet Provider shall not over-lash an existing pole contact or attachment, except to add a service drop, unless further application is made and is approved by the Power Company. In the event the Power Company proposes to deny an application, the Power Company shall provide the Telecommunications/Internet Provider the reasons for denial. If requested by the Telecommunications/Internet Provider, the Power Company and Telecommunications/Internet Provider shall explore in good faith reasonable alternatives to accommodate the proposed attachment. c. Upon receipt of the completed application, the Power Company may deem that a make ready survey is necessary to determine the adequacy of the existing poles and anchors or conduit capacity to accommodate the Telecommunications/Internet Provider’s facilities. If any make ready work is required, the Power Company will provide a written response to each application within forty-five ...
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Joint Use of Poles a) Before the Licensee may make use of any of Empire’s poles under this License Agreement, Empire shall approve the application form attached and identified as Exhibit C (“Application”), as completed and submitted by Licensee, and the parties shall comply with the procedures set forth in this section. For service drops, Licensee shall notify Empire in writing within thirty (30) days following their placement. The notice shall specify the date of placement, the type of placement, and the pole upon which the drop was placed. b) Empire shall notify the Licensee in writing whether the Application is approved or rejected within thirty (30) days after the receipt of such Application. If, in the judgment of Empire, joint use under the circumstances is undesirable, Empire shall have the right to reject the Application. The failure of Empire to respond within thirty (30) days does not constitute an approval of the Application. c) After receipt of notice from Empire approving the Application, the Licensee shall furnish Empire detailed construction plans and drawings for each pole line, together with necessary maps, indicating specifically the poles of Empire to be used jointly, the number and character of the attachments to be placed on such poles, any rearrangement of Empire’s fixtures and equipment necessary for joint use, any over lashing to be undertaken, any relocations or replacements of existing poles, and any additional poles which may be required. In addition, the Licensee shall submit a report from a licensed professional engineer certifying that the design and construction plans and drawings described above comply with NESC standards, including certifying that the poles can support the load contemplated by the Licensee and the existing load of Empire. Empire shall, review and approve the design and construction plans and the engineering report submitted by the Licensee. Empire reserves the right, in its sole discretion, to reject any reports or plans that do not meet Empire’s requirements or request additional information or changes to the reports to make the same acceptable. d) Following approval of the construction plans and drawings and the engineering report, Empire shall, within thirty (30) days of completing such approval process, submit to the Licensee a cost estimate (based on Empire’s method of computing costs) for all changes required by Empire in each such pole line (“Make Ready Survey”), including an estimated completion date for such changes ...
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Joint Use of Poles 
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Related to Joint Use of Poles

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  • Use of Personal Vehicle Employees who use their personal vehicle for business purposes because an Employer vehicle is not readily available will be reimbursed for mileage and parking fees incurred during such use.

  • Use of Paid Leave ‌ With the approval of the Appointing Authority, employees will be allowed to utilize accrued sick leave, personal holiday or vacation leave when on authorized leave without pay due to illness or injury.

  • Use of the Card 1. The Cardmember must sign the Card in ink, using a ball point pen, as soon as he or she receives it; the Cardmember must also safeguard the Card and preserve any PIN in extreme secrecy and keep it separate from his or her Card. The Cardmember must not use the Card after the expiration of the validity period embossed on it, and not use the Card after it has been damaged, withdrawn or cancelled. 2. Although the Cardmember has the right to use the Card, the Card shall at all times remain the property of AEME. The Cardmember must surrender the Card immediately upon any request by AEME, any Service Establishment or any other representative of AEME, based on AEME's instructions. A Service Establishment or any other representative of AEME may at its discretion, and after instructions by AEME, withdraw, hold and keep the Card on behalf of AEME. 3. The Cardmember is the only person authorized to use the Card for Transactions including Cash Withdrawals, identification or any other purpose. The Cardmember must not allow any other person to use the Card or the PIN. The Cardmember must safeguard the Card from misuse by retaining the Card under his or her personal control at all times. 4. The Card is issued to the Cardmember solely for the purposes of Transactions and Cash Withdrawals on behalf of the Company. 5. If the Cardmember uses the Card to buy goods or services from a Service Establishment on a frequent or recurring basis (e.g. subscription to periodicals, TV channels, and the like) ("Recurring Charges") or if the Cardmember uses the Card to buy goods or services on installments or on a premium basis (e.g. insurance) the Cardmember authorizes AEME to pay all such Recurring Charges or periodical premiums or installments on his or her behalf at the request of the Service Establishment, and the Company undertakes to repay AEME accordingly. The Cardmember must inform the Service Establishment and AEME in writing if the Cardmember wishes to stop any such periodical payments. AEME shall not be responsible for any breach, cancellation or termination of any legal arrangement or relationship (e.g. insurance policy) resulting from AEME's inability to pay the said Charges because the Cardmember's Account is in overdue status. AEME shall not be liable for any damages of any nature if AEME fails to pay or delays the payment of any Charges, installments or premiums because of any technical failure, error or for any reason beyond AEME's reasonable control. 6. Owners of Service Establishments who are Cardmembers are not allowed to use their Cards in their own Service Establishments. The Cardmember is not allowed to utilize the Card to fund any part of, or to meet the working capital requirements of his or her business. 7. The Company is solely liable for all amounts due on the Account and for all Charges incurred on the Card issued to the Cardmember. 8. The Cardmember is not entitled to use the Card to withdraw or extract cash in Service Establishments, and shall only use the Card to purchase goods or services. 9. The Cardmember shall not use the Card as payment for any illegal or unlawful purchases or services and is responsible for any use that is in violation of any local or other laws and regulations. The Cardmember further agrees to indemnify AEME for any action whatsoever that may arise as a result of such Transactions. 10. The Cardmember expressly authorizes AEME to use the information provided by the Cardmember for AEME's targeted promotional activities including without limitation, promotional activities conducted in conjunction with third parties selected by AEME, for third party researches and surveys, in accordance with the limitations of the applicable laws. 11. The Cardmember agrees to follow the Card activation procedures laid down by AEME from time to time and shall also be subject to any identity checks and verifications by AEME and or any third parties (e.g. credit bureaus, government agencies, Service Establishments, etc). 12. All Charges will be debited to the Account in the billing currency (i.e. USD). Any Transactions that are effected in currencies other than the billing currency will be debited to the Account after conversion as set forth in Clause 4.