Common use of Overlashing Clause in Contracts

Overlashing. The following provisions will apply to Overlashing: 1. Prior notice, but no permit, is needed for Licensee’s overlashed cable. Licensee will stay in compliance with generally accepted engineering practices when installing the overlashed cable. Licensor has the right to deny the overlashed attachment for reasons of safety, reliability or generally applicable engineering reasons. 2. Licensee shall not sub-license space on the pole to any third-party, or place an Attachment or Overlash for the benefit of any third-party. An affiliate of Licensee shall not be deemed a third-party. Any such action shall constitute a material breach of this Agreement. The use of Licensee’s Communications Facilities by third-parties (including, but not limited to, leases of dark fiber or leased telecommunications services) that involves no additional Attachment or Overlash is not subject to the provisions of this Section II L. 3. Except as otherwise set forth herein, if Overlashing is required to accommodate facilities of a third party who is not affiliated with Licensee, such third party must obtain Permits and a License Agreement with Licensor, and pay an Annual Attachment Fee. No such Permits to third parties may be granted by Licensor allowing Overlashing of Licensee's Communications Facilities unless Licensee has consented in writing to such Overlashing. 4. Make-Ready procedures set forth in Article VII shall apply, as necessary, to all Overlashing.

Overlashing. The following provisions will apply to Overlashing: 1. Prior noticePermits shall be required for all Overlashing and shall be obtained pursuant to Article VI. Absent such authorization, but no permit, is needed for Licensee’s overlashed cable. Licensee will stay in compliance with generally accepted engineering practices when installing the overlashed cable. Licensor has the right to deny the overlashed attachment for reasons of safety, reliability or generally applicable engineering reasonsOverlashing constitutes an unauthorized Attachment. 2. If Licensee shall not sub-license space on demonstrates that the pole Overlashing of Licensee’s Attachment(s) is required to any third-party, or place an Attachment or Overlash for accommodate the benefit of any third-party. An affiliate Communications Facilities of Licensee or Licensee’s Affiliate, Permits shall not be deemed a third-party. Any withheld by Utility if such action shall constitute a material breach of this Agreement. The use of Overlashing can be done consistent with Article II, Paragraph C and where Licensee’s Communications Facilities by thirdAffiliate has entered into a license agreement with Utility. Licensee’s Affiliate shall be responsible for all Make-parties (including, but not limited to, leases of dark fiber or leased telecommunications services) that involves no additional Attachment or Overlash is not subject to Ready Work and other charges associated with the provisions of this Section II L.Overlashing. 3. Except as otherwise set forth herein, if If Overlashing is required to accommodate facilities of a third party who is not affiliated with Licenseeparty, such third party must obtain Permits and enter into a License Agreement license agreement with Licensor, and pay an Annual Attachment FeeUtility. No such Permits Utility will not grant a permit to third parties may be granted by Licensor allowing a third-party for the purpose of Overlashing of Licensee's Communications Facilities unless Licensee has consented in writing to such Overlashing. Overlashing performed under this Article II, Paragraph M.3. shall not increase the Attachment Fees or other charges paid by Licensee pursuant to Appendix A. Nothing in this Agreement shall prevent Licensee from seeking a contribution from an Overlashing third party to defray fees and charges paid by Licensee. 4. The Make-Ready Work procedures set forth in Article VII shall apply, as necessary, to all Overlashing.