Unauthorized Attachment Clause Samples

Unauthorized Attachment a. If any equipment and/or facilities of the Licensee shall be found attached to a Pole and/or Anchor for which authorization has not been granted by the Licensor, the Licensor, without prejudice to its other rights or remedies under this Agreement, including termination or otherwise, may impose a charge and require the Licensee to submit in writing, within ten (10) days after receipt of written notification from the Licensor of the unauthorized attachment, a Pole and/or Anchor attachment application. If such application is not received by the Licensor within the specified time period, the Licensee will be required to remove its unauthorized attachment within ten (10) days of the final date for submitting the required application, or the Licensor may remove the Licensee’s facilities without liability, and the cost of such removal shall be borne by the Licensee. b. For the purpose of determining the applicable charge, the unauthorized attachment shall be treated as having existed for a period of five (5) years prior to its discovery or for the period beginning with the date of the initial agreement, whichever period shall be shorter; and the charges as specified in Article VIII shall be due and payable forthwith whether or not Licensee is permitted to continue the attachment. c. No act or failure to act by the Licensor with regard to said unauthorized attachment shall be deemed as the authorization of the attachment; and, if any authorization should be subsequently issued, said authorization shall not operate retroactively or constitute a waiver by the Licensor of any of its rights or privileges under this Agreement, or otherwise, provided, however, that Licensee shall be subject to all liabilities, obligations and responsibilities of this Agreement in regard to said unauthorized attachment from its inception.
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Unauthorized Attachment. Any Attachment by Licensee to a PPL Pole for which Licensee did not receive prior approval from PPL pursuant to this Agreement.
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Unauthorized Attachment. An Attachment placed by Licensee that is not included in a License.
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Unauthorized Attachment a. If any of Communications/Internet Provider's facilities for which no permit has been issued shall be found attached to the Power Company's poles, the Power Company may, without prejudice to its other rights or remedies under this Agreement, require Communications/Internet Provider to submit a pole attachment license application within thirty (30) days after the receipt of written notification from the Power Company of the unauthorized attachment. In addition, the Communications/Internet Provider shall pay double the sum of rental per pole, for each unauthorized attachment, dating back to the original installation date or for a period of three (3) years, whichever is less. If such application is not received by the Power Company within the specified time period, the dispute resolution process shall begin. b. No act or failure to act by the Power Company with regard to said unauthorized attachment(s) shall be deemed as ratification or the licensing of the unauthorized attachment. If any license should be subsequently issued, said license shall not operate retroactively or constitute a waiver by the Power Company of any of its rights or privileges under this Agreement; provided, however, that the Communications/Internet Provider shall be subject to all liabilities, obligations and, responsibilities of this Agreement from its inception in regard to said unauthorized attachment. c. Periodic audits shall be conducted to identify any unauthorized attachments. The timeframe and audit content will be mutually agreed upon by both Parties, when either Party feels an audit is deemed necessary, however any such audit may be conducted no more than once every five (5) years. When performing these audits and unauthorized attachments are identified, both Parties will compare their records to identify the installation date. Once the installation date is determined, sixty (60) days will be added and this will become the date utilized for billing purposes.
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Unauthorized Attachment. Upon notice that the use of an FPL pole is forbidden or unauthorized by state, county, or municipal authorities or upon any final administrative or judicial decision that Licensee has no right to attach to any FPL pole without consent of the real property owner, the permit covering the use of the FPL pole shall immediately terminate and Licensee shall remove all of its cables, wires, and associated support hardware from the affected FPL pole. Licensee shall hold harmless, defend and indemnify FPL against all liabilities arising from or associated with Licensee's failure to obtain the necessary permits, if any, from the owner of the real property or government authorities. The termination rights under this Agreement shall not be affected by this Section.
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Unauthorized Attachment a) If any of the Licensee’s facilities for which no permit has been issued shall be found attached to Empire’s poles, Empire, without prejudice to its other rights or remedies under this License Agreement, including termination, may: (i) Assess Licensee an unauthorized attachment fee as set forth in Exhibit E plus the rental for such poles from the date that Licensee’s attachments were installed on such poles, or if dates of installation cannot be determined to the satisfaction of both parties, the installations shall be presumed to have occurred on the day immediately after the last field check was made. In addition, Empire may require Licensee to provide an updated engineering report in accordance with Section 3 above. (ii) Require the Licensee to submit, within thirty (30) days after the date of written notification from Empire of the unauthorized attachment, a pole attachment license application, in a form provided by Empire substantially similar to the form attached hereto as Exhibit C. If such application is not received by Empire within the specified time period, or if Empire does not subsequently approve the application, the Licensee shall immediately remove its unauthorized attachment, or Empire may remove such Licensee facilities without liability, and the reasonable actual expense of such removal shall be borne by the Licensee. b) No act or failure to act by Empire with regard to said unauthorized attachment shall be deemed as ratification or the licensing of the unauthorized attachment. If any license should be subsequently issued, said license shall not operate retroactively or constitute a waiver by Empire of any of its rights or privileges under this License Agreement; provided, however, that Licensee shall be subject to all liabilities, obligations and responsibilities of this License Agreement from its inception in regard to said unauthorized attachment.
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Unauthorized Attachment. Within 30 days of the effective date of this Agreement, Licensee shall submit to Licensor, a complete list of all its attachments and such list shall become Exhibit B to this Agreement. After that 30 day period, if any of Licensee's Attachments are found occupying any Pole for which no Permit has been issued, Licensee shall immediately submit a Permit Application for any such attachment or in the event it causes a material safety violation (as determined by Licensor), shall immediately remedy such violation or remove at Licensee's own cost. In the event Licensee fails to remedy or remove its Unauthorized Attachments in accordance with this paragraph within ten (10) days of notification, Licensor may remove such Unauthorized Attachments at Licensee's expense.
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Unauthorized Attachment 
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Related to Unauthorized Attachment

  • Unauthorized Work The contractor is not authorized at any time to commence task order performance prior to issuance of a signed TO or other written approval provided by the CO to begin work.

  • Unauthorized Access Customer shall take reasonable steps to prevent unauthorized access to the System, including without limitation by protecting its passwords and other log-in information. Customer shall notify Vendor immediately of any known or suspected unauthorized use of the System or breach of its security and shall use best efforts to stop said breach.

  • Unauthorized Aliens Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

  • Unauthorized Absence An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action.

  • Unauthorized Access Notification ▇▇▇ shall notify Provider promptly of any known unauthorized access. ▇▇▇ will assist Provider in any efforts by Provider to investigate and respond to any unauthorized access.