Common use of Unauthorized Attachment Clause in Contracts

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.

Unauthorized Attachment. a. If any of CommunicationsTelecommunications/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, including termination, require CommunicationsTelecommunications/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 CommunicationsTelecommunications/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 CommunicationsTelecommunications/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 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.