Common use of No Right to Interfere with Facilities of Others Clause in Contracts

No Right to Interfere with Facilities of Others. The provisions of this Agreement or any License issued hereunder shall not be construed as authorizing either party to this Agreement to rearrange or interfere in any way with any of the other party's Facilities, with the Facilities of other persons or entities, or with the use of or access to such Facilities by such other party or such other persons or entities, except to the extent expressly provided by the provisions of this Agreement or any License issued hereunder or by the Telecommunications Act of 1996 or other applicable laws, rules or regulations. 2.8.1 Licensee acknowledges that the Facilities of persons or entities other than AT&T and Licensee may be attached to or occupy AT&T's Poles, Conduits, Ducts and Rights of Way. 2.8.2 AT&T shall not attach, or give permission to any Third Parties to attach Facilities to, existing Licensee Facilities without Licensee's prior written consent. If AT&T becomes aware of any such unauthorized attachment to Licensee Facilities, AT&T shall use its best efforts to rectify the situation as soon as practicable. 2.8.3 With respect to Facilities occupied by Licensee or the subject of an Application for attachment by Licensee, AT&T will give to Licensee 60 days’ written notice for Conduit extensions or reinforcements, 60 days’ written notice for Pole line extensions, 60 days’ written notice for Pole replacements, and 60 days’ written notice of AT&T’s intention to construct, reconstruct, expand or place such Facilities or of AT&T’s intention not to maintain or use any existing Facility. Where AT&T elects to abandon or remove AT&T Facilities, the Ploles, Ducts, Conduits and Rights of Way will be offered to existing occupants on a first-in, first-right to maintain basis. The party first electing to exercise this option will be required to execute the appropriate agreement with AT&T to transfer (purchase agreement) ownership from AT&T to new party, subject to then-existing licenses pertaining to such Facilities. If no party elects to maintain such Facilities, all parties will be required to remove their existing Facilities within ninety (90) days of written notice from AT&T. If provisions of an applicable joint use agreement require AT&T to construct, reconstruct, expand or replace Poles, Conduits or Ducts occupied by Licensee or the subject of an Application for attachment by Licensee, AT&T will notify Licensee of such proposed construction, reconstruction, expansion or replacement to enable Licensee, if it so desires, to request that a Pole, Conduit or Duct of greater height or capacity be utilized to accommodate an anticipated Facility need of Licensee. If an emergency requires AT&T to construct, reconstruct, expand or replace Poles, Conduits, or Ducts occupied by Licensee, AT&T will notify Licensee as soon as reasonably practicable. 2.8.4 Upon request and at Licensee’s expense, AT&T shall remove any retired cable from Conduit Systems to allow for the efficient use of Conduit space within a reasonable period of time. AT&T retains salvage rights on any cable removed. In order to safeguard its structures and Facilities, AT&T reserves the right to remove retired cables and is under no obligation to allow Licensee the right to remove such cables. Based on sound engineering judgment, there may be situations where it would neither be feasible nor practical to remove retired cables.

No Right to Interfere with Facilities of Others. The provisions of this Agreement or any License Occupancy Permit issued hereunder shall not be construed as authorizing either party to this Agreement to rearrange or interfere in any way with any of the other party's Facilities, with the Facilities of other persons or entities, or with the use of or access to such Facilities by such other party or such other persons or entities, except to the extent expressly provided by the provisions of this Agreement or any License Occupancy Permit issued hereunder or by the Telecommunications Act of 1996 or other applicable laws, rules or regulations. 2.8.1 Licensee Sprint acknowledges that the Facilities of persons or entities other than AT&T and Licensee Sprint may be attached to or occupy AT&T's Poles, Conduits, Ducts and Rights of Rights-of-Way. 2.8.2 AT&T shall not attach, or give permission to any Third Parties third parties to attach Facilities to, existing Licensee Sprint Facilities without LicenseeSprint's prior written consent. If AT&T becomes aware of any such unauthorized attachment to Licensee Sprint Facilities, AT&T shall notify Sprint of any such unauthorized attachments. AT&T shall coordinate with Sprint, and AT&T shall use its best efforts to rectify the situation as soon as practicablesituation. 2.8.3 With respect to Facilities occupied by Licensee Sprint or the subject of an Application for attachment by LicenseeSprint, AT&T will give to Licensee Sprint 60 calendar days’ written notice for Conduit extensions or reinforcements, 60 calendar days’ written notice for Pole line extensions, 60 calendar days’ written notice for Pole replacements, and 60 calendar days’ written notice of AT&T’s intention to construct, reconstruct, expand or place such Facilities or of AT&T’s intention not to maintain or use any existing Facilityfacility. Where AT&T elects to abandon or remove AT&T Facilities, the Ploles, Ducts, Conduits and Rights of Way Facilities will be offered to existing occupants on a first-in, first-right to maintain basis. The party first electing to exercise this option will be required to execute the appropriate agreement with AT&T to transfer (purchase agreement) ownership from AT&T to new party, subject to then-existing licenses Occupancy Permits pertaining to such Facilities. If no party elects to maintain such Facilities, all parties will be required to remove their existing Facilities within ninety (90) calendar days of written notice from AT&T. If an emergency or provisions of an applicable joint use agreement require AT&T to construct, reconstruct, expand or replace Poles, Conduits or Ducts occupied by Licensee Sprint or the subject of an Application for attachment by LicenseeSprint, AT&T will notify Licensee Sprint as soon as reasonably practicable of such proposed construction, reconstruction, expansion or replacement to enable LicenseeSprint, if it so desires, to request that a Pole, Conduit or Duct of greater height or capacity be utilized to accommodate an anticipated Facility facility need of Licensee. If an emergency requires AT&T to construct, reconstruct, expand or replace Poles, Conduits, or Ducts occupied by Licensee, AT&T will notify Licensee as soon as reasonably practicableSprint. 2.8.4 Upon Sprint’s request and at Licensee’s its expense, AT&T shall remove any retired cable from Conduit Systems to accommodate Sprint’s Facilities and allow for the efficient use of Conduit space within a reasonable period of time. AT&T retains salvage rights on any cable removed. In order to safeguard its structures and Facilities, AT&T reserves the right to remove retired cables and is under no obligation to allow Licensee Attaching Party the right to remove such cables. Based on sound engineering judgmentjudgement, there may be situations where it would neither be feasible nor practical to remove retired cables. If the parties are unable to agree, on such removal arrangements, the matter may be resolved pursuant to the Dispute Resolution procedure set forth in the General Terms and Conditions of this Agreement. 2.8.5 AT&T shall allow Sprint to reserve spares and space for maintenance and emergency purposes as permitted by federal or state legal or regulatory authority.