Common use of Removal of Nonfunctional Attachments Clause in Contracts

Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”) as provided in this Agreement and Applicable Standards. A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph shall constitute an unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee specified in the Applicable Standards. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety (90) days of the Attachment becoming nonfunctional, unless Licensee receives written notice from the District that removal is necessary to accommodate the District’s or another Attaching Entity’s use of the affected Pole(s), in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until the District notifies Licensee that removal is necessary to accommodate the District’s or another Attaching Entity’s use of the affected Pole(s). Licensee shall give the District notice of any Nonfunctional Attachments.

Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”) as provided in this Agreement and Applicable StandardsParagraph 4.9. A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph paragraph shall constitute an unauthorized Unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee fee specified in the Applicable StandardsAppendix A, Item 3. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety one year (90365 days) days of the Attachment becoming nonfunctional, unless Licensee receives written notice from the District Utility that removal is necessary to accommodate the DistrictUtility’s or another Attaching Entity’s use of the affected Pole(s), in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in sixty (60) days of receiving the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until the District Utility notifies Licensee that removal is necessary to accommodate the DistrictUtility’s or another Attaching Entity’s use of the affected Pole(s). Licensee shall give the District Utility notice of any Nonfunctional AttachmentsAttachments as provided in Article 15.

Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”) as provided in this Agreement and Applicable StandardsAttachments. A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph shall constitute an unauthorized Attachment attachment and is subject to the Unauthorized Attachment Inspection Fee unauthorized attachment fee specified in the Applicable StandardsAppendix A, Item 3. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety one (901) days year of the Attachment becoming nonfunctional, unless Licensee receives written notice from the District that removal is necessary to accommodate the District’s or another Attaching Entity’s use of the affected Pole(s)) or portion of the Conduit System, in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in sixty (60) days of receiving the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until the District notifies Licensee that removal is necessary to accommodate the District’s or another Attaching Entity’s use of the affected Pole(s). Licensee shall give the District notice of any Nonfunctional AttachmentsAttachments as provided in Article 15.

Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”) as provided in this Agreement and Applicable StandardsParagraph 4.9. A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph paragraph shall constitute an unauthorized Unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee fee specified in the Applicable StandardsAppendix A, Item 3. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety one year (90365 days) days of the Attachment becoming nonfunctional, unless Licensee receives written notice from the District that removal is necessary to accommodate the District’s or another Attaching Entity’s use of the affected Pole(s), in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in sixty (60) days of receiving the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until the District notifies Licensee that removal is necessary to accommodate the District’s or another Attaching Entity’s use of the affected Pole(s). Licensee shall give the District notice of any Nonfunctional AttachmentsAttachments as provided in Article 15.

Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”―Nonfunctional Attachment‖) as provided in this Agreement and Applicable StandardsParagraph 4.8. A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph paragraph shall constitute an unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee fee specified in the Applicable StandardsAppendix A, Item 3. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety one (901) days year of the Attachment becoming nonfunctional, unless Licensee receives written notice from the District Utility that removal is necessary to accommodate the DistrictUtility’s or another Attaching Entity’s use of the affected Pole(s), in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in sixty (60) days of receiving the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until the District Utility notifies Licensee that removal is necessary to accommodate the DistrictUtility’s or another Attaching Entity’s use of the affected Pole(s). Licensee shall give the District Utility notice of any Nonfunctional AttachmentsAttachments as provided in Article 15.

Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”) as provided in this Agreement and Applicable StandardsParagraph 4.9. A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph paragraph shall constitute an unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee fee specified in the Applicable StandardsAppendix A, Item 3. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety one (901) days year of the Attachment becoming nonfunctional, unless Licensee receives written notice from the District Utility that removal is necessary to accommodate the DistrictUtility’s or another Attaching Entity’s use of the affected Pole(s)) or portion of the Conduit System, in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in sixty (60) days of receiving the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until the District Utility notifies Licensee that removal is necessary to accommodate the DistrictUtility’s or another Attaching Entity’s use of the affected Pole(s). Licensee shall give the District Utility notice of any Nonfunctional AttachmentsAttachments as provided in Article 15.

Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”) as provided in this Agreement and Applicable Standards. A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph shall constitute an unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee specified in the Applicable Standards4.8. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety one (901) days year of the Attachment becoming nonfunctional, unless Licensee receives written notice from the District Town that removal is necessary to accommodate the DistrictTown’s or another Attaching Entity’s use of the affected Pole(s), in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in sixty (60) calendar days of receiving the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until the District Town notifies Licensee that removal is necessary to accommodate the DistrictTown’s or another Attaching Entity’s use of the affected Pole(s). Licensee shall give the District Town notice of any Nonfunctional AttachmentsAttachments as provided in Section 15.0. A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph 4.8 shall constitute an unauthorized Attachment and is subject to the Unauthorized Access Penalty Fee.

Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”) as provided in this Agreement and Applicable StandardsParagraph 4.8. A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph paragraph shall constitute an unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee fee specified in the Applicable StandardsAppendix A, Item 3. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments within two hundred and notify the District of the removal in writing within ninety seventy (90270) days of the Attachment becoming nonfunctional, unless Licensee receives written notice from the District Utility that removal is necessary to accommodate the DistrictUtility’s or another Attaching Entity’s use of the affected Pole(s), in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in sixty (60) days of receiving the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until the District Utility notifies Licensee that removal of such Nonfunctional Attachment is necessary to accommodate the DistrictUtility’s or another Attaching Entity’s use of the affected Pole(s). Licensee shall give the District Utility notice of any Nonfunctional AttachmentsAttachments as provided in Article 15.

Removal of Nonfunctional Attachments. At its sole expense, Licensee Joint User shall remove any of its Attachments or any part thereof that becomes nonfunctional and become nonfunctional, no longer fit for service or will not be restored to service in the foreseeable future (“Nonfunctional Attachment”) as provided in this Agreement and Applicable StandardsArticle 4.10. A Nonfunctional Attachment that Licensee Joint User has failed to remove remove, as required in this Paragraph paragraph, shall constitute an unauthorized Unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee specified in the Applicable Standards. Appendix A. Except as otherwise provided in this Agreement, Licensee Joint User shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety one (901) days year of the Attachment becoming nonfunctional, unless Licensee Joint User receives written permission from Owner to extend the allotted time for removal of the specified Nonfunctional Attachment(s) or unless Joint User receives written notice from the District Owner that removal is necessary to accommodate the DistrictOwner’s or another Attaching Entity’s use of the affected Pole(s), ) in which case Licensee Joint User shall remove the Nonfunctional Attachment within the time period specified in sixty (60) days of receiving the notice. If Joint User contests whether the Attachment is nonfunctional, provisions of Article 28 shall apply. Where Licensee Joint User has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until must first be removed after which the District notifies Licensee that removal is necessary to accommodate Joint User will apply for an Attachment. In such case, no additional Attachment Fee will be charged assuming the District’s or another Attaching Entity’s use of Joint User was already paying for the affected Pole(s). Licensee shall give the District notice of any Nonfunctional AttachmentsNon-Functional Attachment.

Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”) as provided in this Agreement and Applicable StandardsParagraph 4.9. A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph 4.9 shall constitute an unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee fee specified in the Applicable StandardsAppendix A, Item 3. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety one (901) days year of the Attachment becoming nonfunctional, unless Licensee receives written notice from the District Utility that removal is necessary to accommodate the DistrictUtility’s or another Attaching Entity’s use of the affected Pole(s), in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in sixty (60) calendar days of receiving the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until the District Utility notifies Licensee that removal is necessary to accommodate the DistrictUtility’s or another Attaching Entity’s use of the affected Pole(s). Licensee shall give the District Utility notice of any Nonfunctional AttachmentsAttachments as provided in Article 15.

Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service (“Nonfunctional Attachment”) as provided in this Agreement and Applicable StandardsParagraph 4.9. A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph paragraph shall constitute an unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee fee specified in the Applicable StandardsAppendix A, Item 3. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety one (901) days year of the Attachment becoming nonfunctional, unless Licensee receives written notice from the District City that removal is necessary to accommodate the DistrictCity’s or another Attaching Entity’s use of the affected Pole(s)) or portion of the Conduit System, in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in sixty (60) days of receiving the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until the District City notifies Licensee that removal is necessary to accommodate the DistrictCity’s or another Attaching Entity’s use of the affected Pole(s). Licensee shall give the District City notice of any Nonfunctional AttachmentsAttachments as provided in Article 15.