Common use of Technical and Safety Standards Clause in Contracts

Technical and Safety Standards. a. The Operator shall at all times employ the standard of care attendant to the risks involved and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public or to employees of the Operator. b. The Operator shall install and maintain its System in accordance with the requirements of the National Electrical Safety Code and all applicable FCC regulations, and in such manner that the System shall not interfere with any pre-existing installations of the City, Colorado Springs Utilities, educational institutions nor any public utility or telecommunication or broadband entity, nor any franchisee, licensee or permittee of the City. c. The Operator shall provide and put in use such equipment and appliances so as to prevent injury to the wires, pipes, structures, and property belonging to the City and Colorado Springs Utilities, the educational institutions and to any person within the City's jurisdiction. d. The City or Colorado Springs Utilities shall have the right to require the Operator to change the location or grade of any of the Operator's System within the Right-of-Way when the public convenience or the provision of utility services requires such change, and the expense thereof shall be paid by the Operator. Should the Operator fail to remove or relocate any such facilities by the date established by the City or Colorado Springs Utilities as applicable, the City or Colorado Springs Utilities may effect such removal or relocation, and the expense thereof shall be paid by the Operator including all costs and expense incurred by the City or Colorado Springs Utilities due to the Operator's delay. If the City or Colorado Springs Utilities requires the Operator to relocate its facilities located within the Right- of-Way, the City or Colorado Springs Utilities shall make a reasonable effort to provide the Operator with an alternate location within the Right-of-Way. If the funds are generally made available to users of public Right-of-Way for such relocation (excluding funds made available by Colorado Springs Utilities), the Operator shall be entitled to its pro rata share of such funds. The Operator may not be required to move its lines or facilities due to the placement of lines or facilities of a competitive video or cable system operator including any competitive video or cable system of the City or Colorado Springs Utilities without payment of the reasonable costs of such relocation.

Technical and Safety Standards. a. The Operator shall at all times employ the standard of care attendant to the risks involved and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public or to employees of the Operator. b. The Operator shall install and maintain its System in accordance with the requirements of the National Electrical Safety Code and all applicable FCC regulations, and in such manner that the System shall not interfere with any pre-existing installations of the City, Colorado Springs Utilities, educational institutions nor any public utility or telecommunication or broadband entityutility, nor any franchisee, licensee or permittee of the City. c. The Operator shall provide and put in use such equipment and appliances so as to prevent injury to the wires, pipes, structures, and property belonging to the City and Colorado Springs Utilities, the educational institutions and to any person within the City's jurisdiction. d. The City or Colorado Springs Utilities shall have the right to require the Operator to change the location or grade of any of the Operator's System within the Right-of-Way Streets or Public Utility Easements when the public convenience or the provision of utility services requires such change, and the expense thereof shall be paid by the Operator. Should the Operator fail to remove or relocate any such facilities by the date established by the City or Colorado Springs Utilities as applicable, the City or Colorado Springs Utilities may effect such removal or relocation, and the expense thereof shall be paid by the Operator including all costs and expense incurred by the City or Colorado Springs Utilities due to the Operator's delay. If the City or Colorado Springs Utilities requires the Operator to relocate its facilities located within the Right- of-WayStreets or Public Utility Easements, the City or Colorado Springs Utilities shall make a reasonable effort to provide the Operator with an alternate location within the Right-of-WayStreets or Public Utility Easements. If the funds are generally made available to users of public Rightrights-of-Way way for such relocation (excluding funds made available by Colorado Springs Utilities), the Operator shall be entitled to its pro rata share of such funds. The Operator may not be required to move its lines or facilities due to the placement of lines or facilities of a competitive video or cable system operator including any competitive video or cable system of the City or Colorado Springs Utilities without payment of the reasonable costs of such relocation.