Common use of Maintenance Practices Clause in Contracts

Maintenance Practices. When performing maintenance work on existing Wireless Facilities in the Communications Zone, in addition to the requirements stated previously, Licensee will be required to abide by the following: A. If Licensee and Central ▇▇▇▇▇▇ need access to the same Central ▇▇▇▇▇▇ Facility, Central ▇▇▇▇▇▇ has priority when Central ▇▇▇▇▇▇ system problems are involved. If Central ▇▇▇▇▇▇ is performing non-emergency work and Licensee has repairs to be made, Licensee generally will be given priority. During Central ▇▇▇▇▇▇ emergencies, reasonable efforts will be made to accommodate repair work by Licensee. B. If, within any time period herein provided, Licensee shall fail to make a change in its plant required by Central ▇▇▇▇▇▇ or shall fail to remove any attachments upon cancellation of any license or upon termination of this Agreement, Central ▇▇▇▇▇▇ shall have the right to make the changes or effect the removals, at Licensee’s sole cost and expense. In case of emergency or service needs of Central ▇▇▇▇▇▇, Central ▇▇▇▇▇▇ may perform the work without written notice to Licensee or upon such other notice as Central ▇▇▇▇▇▇ deems reasonable in the circumstances. C. Licensee shall, at its own cost and expense, maintain all of its attachments in safe condition and in thorough repair and shall, upon notification by Central ▇▇▇▇▇▇, correct any substandard conditions within thirty (30) days. All tree trimming necessitated by Licensee’s Wireless Facilities shall be performed by Central ▇▇▇▇▇▇ at the sole cost of Licensee. D. Licensee is responsible for the timely repair, relocation or replacement of its own Wireless Facilities when such work is required as the result of circumstances beyond anyone’s control, including but not limited to storms, vehicular accidents, or public work projects. E. Licensee shall exercise special precautions to avoid damage to Central ▇▇▇▇▇▇ Facilities and Central ▇▇▇▇▇▇’▇ equipment and property or the equipment and property of any other owner of the poles or other licensees, and Licensee hereby assumes full responsibility for any and all loss from such damage, caused by the acts, omissions or facilities of Licensee or its agents. Licensee shall make an immediate report to Central ▇▇▇▇▇▇ of the occurrence of any damage and shall reimburse the appropriate owner of the affected facilities for any expenses incurred in making repairs. F. Licensee shall not make additions to, or changes in the location of, its attachments without the prior written consent of Central ▇▇▇▇▇▇, except in the case of emergency or due to the requirement to continue service to the public. Central ▇▇▇▇▇▇’▇ consent will not be unreasonably withheld or delayed. G. Central ▇▇▇▇▇▇ may inspect Licensee’s Wireless Facilities whenever, in its sole judgment, conditions may warrant. The inspections shall not relieve Licensee of any obligation or liability under the Agreement.

Maintenance Practices. When performing maintenance work on existing Wireless Facilities in the Communications Zone, in addition to the requirements stated previously, Licensee will be required to abide by the following: A. If Licensee and Central ▇▇▇▇▇▇ need access to the same Central ▇▇▇▇▇▇ Facility, Central ▇▇▇▇▇▇ Hudson has priority when Central ▇▇▇▇▇▇ system problems are involved. If Central ▇▇▇▇▇▇ is performing non-emergency work and Licensee has repairs to be made, Licensee generally will be given priority. During Central ▇▇▇▇▇▇ emergencies, reasonable efforts will be made to accommodate repair work by Licensee. B. If, within any time period herein provided, Licensee shall fail to make a change in its plant required by Central ▇▇▇▇▇▇ or shall fail to remove any attachments upon cancellation of any license or upon termination of this Agreement, Central ▇▇▇▇▇▇ shall have the right to make the changes or effect the removals, at Licensee’s sole cost and expense. In case of emergency or service needs of Central ▇▇▇▇▇▇, Central ▇▇▇▇▇▇ may perform the work without written notice to Licensee or upon such other notice as Central ▇▇▇▇▇▇ deems reasonable in the circumstances. C. Licensee shall, at its own cost and expense, maintain all of its attachments in safe condition and in thorough repair and shall, upon notification by Central ▇▇▇▇▇▇, correct any substandard conditions within thirty (30) days. All tree trimming necessitated by Licensee’s Wireless Facilities shall be performed by Central ▇▇▇▇▇▇ at the sole cost of Licensee. D. Licensee is responsible for the timely repair, relocation or replacement of its own Wireless Facilities when such work is required as the result of circumstances beyond anyone’s control, including but not limited to storms, vehicular accidents, or public work projects. E. Licensee shall exercise special precautions to avoid damage to Central ▇▇▇▇▇▇ Facilities and Central ▇▇▇▇▇▇’▇ Hudson’s equipment and property or the equipment and property of any other owner of the poles or other licensees, and Licensee hereby assumes full responsibility for any and all loss from such damage, caused by the acts, omissions or facilities of Licensee or its agents. Licensee shall make an immediate report to Central ▇▇▇▇▇▇ of the occurrence of any damage and shall reimburse the appropriate owner of the affected facilities for any expenses incurred in making repairs. F. Licensee shall not make additions to, or changes in the location of, its attachments without the prior written consent of Central ▇▇▇▇▇▇, except in the case of emergency or due to the requirement to continue service to the public. Central ▇▇▇▇▇▇’▇ Hudson’s consent will not be unreasonably withheld or delayed. G. Central ▇▇▇▇▇▇ may inspect Licensee’s Wireless Facilities whenever, in its sole judgment, conditions may warrant. The inspections shall not relieve Licensee of any obligation or liability under the Agreement.