Common use of Unauthorized Attachment Clause in Contracts

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.

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 '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.

Unauthorized Attachment. a. If any equipment and/or facilities of the Licensee shall be found attached to a Pole pole and/or Anchor 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 pole and/or Anchor 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.

Unauthorized Attachment. a. (a) If any equipment and/or of Licensee’s facilities of the Licensee for which no permit has been issued shall be found attached to a Pole and/or Anchor for which authorization has not been granted by the Licensor’s poles or within Licensor’s conduits, the LicensorLicensor may, without prejudice to its other rights or remedies under this Agreement, including termination or otherwisetermination, may impose a charge and require the Licensee to submit in writingsubmit, within ten fifteen (1015) days after receipt the date of written or oral notification from the Licensor of the unauthorized attachmentattachments, a Pole and/or Anchor attachment applicationJoint Use License application and pay applicable fees. If such application is and fees are not received by the Licensor within the specified time period, the Licensee will be required to shall immediately remove its unauthorized attachment within ten (10) days of the final date for submitting the required applicationattachment, or the Licensor may remove the Licensee’s such Licensee facilities without liability, and the cost expense of such removal shall be borne by the LicenseeLicensee and promptly paid to Licensor. b. For the purpose of determining the applicable charge, the unauthorized attachment shall be treated as having existed for a period of five (5b) 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 ratification or the authorization licensing of the unauthorized attachment; and, if . If any authorization license should be subsequently issued, said authorization license 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 and, responsibilities of this Agreement from its inception in regard to said unauthorized attachment from its inceptionattachment.