Common use of Unauthorized Attachments Clause in Contracts

Unauthorized Attachments. Upon request of the Company, Permittee shall provide written evidence of Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorization, Permittee shall pay to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount of the penalty authorized in this Agreement shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms of this Agreement. If payment is not received within thirty (30) days of invoice date, the Company may invoke rights under Article X, Termination, and remove Permittee’s Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has not obtained written authorization in accordance with Section 3.2 of this Agreement shall be treated as an unauthorized attachment. All new facilities, rebuild of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachment.

Unauthorized Attachments. Upon request 14.1 The parties agree that because it would be impracticable and extremely difficult to determine the actual amount of damages resulting from Licensee's unauthorized Attachment(s), a charge equal to five (5) times the amount of the Company, Permittee then current Attachment Fee shall provide written evidence of Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorization, Permittee shall pay be paid by Licensee to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, GTE for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faithto a GTE pole. The amount of the penalty authorized in this Agreement Such payment shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installationdeemed liquidated damages and not a penalty. Any Licensee also shall pay GTE an Attachment Fee for each unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company accruing from the date the unauthorized Attachment was first placed on the GTE pole. In the event that the date the unauthorized Attachment was first placed on a GTE pole cannot be determined, such date shall be deemed the date of Permittee’s original attachmentthe last physical inventory made in accordance with this Agreement or, if no physical inventory has been conducted, the date the first PAR from Licensee was approved in accordance with this Agreement. The Licensee also shall pay to GTE all costs incurred by GTE to rearrange any unauthorized Attachment(s) of Licensee if such rearrangement is required to safeguard GTE's Attachment(s) or to accommodate the Attachment(s) of another party whose Attachment(s) would not have required a rearrangement but for the presence of Licensee's unauthorized Attachment(s). Licensee shall then also pay to GTE all costs incurred by GTE to reinforce, replace or modify any GTE pole, which reinforcement, replacement or modification was required as a result of the unauthorized Attachment of Licensee. The Attachment Fee referenced in this subsection 14.1 shall be subject to all determined in the terms same manner as such fee would have been determined if the attachment had been authorized by GTE. 14.2 For purposes of this Agreement. If payment section, an unauthorized Attachment shall include, but not be limited to: 14.2.1 An Attachment to a GTE pole which pole is not received within thirty (30) days of invoice date, the Company may invoke rights under Article X, Termination, and remove Permittee’s Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has not obtained written authorization identified in any PAR approved in accordance with Section 3.2 this Agreement; 14.2.2 An Attachment that occupies more space than that allocated to Licensee by GTE; 14.2.3 An Attachment that is not placed in accordance with the provisions of this Agreement shall be treated as an unauthorized attachment. All new facilitiesor the appropriate PAR issued pursuant to this Agreement; 14.2.4 An addition or modification by Licensee to its pre-existing Attachment(s) that impairs the structural integrity of the involved GTE pole(s). 14.2.5 An Attachment that consists of facilities owned or controlled by, rebuild and for the use of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachmenta party other than Licensee.

Unauthorized Attachments. Upon request If any Attachment made after the Effective Date of the Company, Permittee shall provide written evidence of Attachment authorization this Agreement is identified for any Company Facilities on or in which the Permittee APPENDIX A requirements (as set forth herein) have not been satisfied ("Unauthorized Attachment"), then, provided Licensee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorization90 days to verify or deny the unauthorized attachments, Permittee upon receiving written notice the Licensee shall pay to the Company Electric Utility a penalty one-time fee of Five Hundred Dollars fifty dollars ($500.0050) per pole plus a sum equal to the adjustment payments that would have been payable from and after the date the Attachment was first placed on the Electric Utility's pole as determined from Licensee’s records or other evidence; provided, however, that if the date on which the Attachment was made cannot be determined, then the Licensee will pay a sum equal to the adjustment payments that would have been payable from and after the date the last Actual Inventory of Joint Poles was conducted, subject to any applicable laws regarding statutes of limitations. If the Licensee does not respond within 90 days, it will not have the right to dispute the unauthorized attachment fee. In addition, the Electric Utility may, without prejudice to its other rights or remedies under this Agreement, require the Licensee to submit within fifteen (15) business days of verification by Licensee that an Attachment is an Unauthorized Attachment (provided that Licensee has 90 days to verify or deny that an Unauthorized Attachment exists upon receiving written notice from Utility), an APPENDIX A along with supporting engineering design data for each such Attachment, and upon review of such information, the Electric Utility may require the Licensee to make or pay for such modifications as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally specified by Permittee in good faith. The amount mutual consent of the penalty authorized in this Agreement shall be subject parties or if non-approval of APPENDIX A is justified, remove the Unauthorized Attachment at Licensee's expense within 90 days or by mutual agreement after Licensee has verified that the Attachment is an Unauthorized Attachment. If Licensee has failed to submit an APPENDIX A or has not removed such additional penalties as Unauthorized Attachments within the 90 days or by mutual agreement if such non-approval is justified, then the Electric Utility may be authorized under any applicable regulations in effect remove such Attachments at the time of Licensee’s expense and with no liability to the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. HoweverElectric Utility, in no which event will Permittee be relieved the Licensee shall reimburse the Electric Utility upon demand for the cost the Electric Utility incurred in making such removal and shall indemnify and save the Electric Utility harmless from and against all loss, liability, or expense (including but not limited to claim of third parties) resulting from the removal of such Unauthorized Attachment, except in cases of negligence, gross negligence or intentional misconduct. Nothing herein shall relieve the Licensee of its obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to maintain Attachments at all the terms of this Agreement. If payment is not received within thirty (30) days of invoice date, the Company may invoke rights under Article X, Termination, and remove Permittee’s Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has not obtained written authorization times in accordance conformity with Section 3.2 of this Agreement shall be treated as an unauthorized attachment. All new facilities, rebuild of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachmentARTICLE III - SPECIFICATIONS.

Unauthorized Attachments. Upon request of the CompanyA. Except as otherwise specifically provided in this Agreement, Permittee shall provide written evidence of Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorization, Permittee shall pay to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless by Licensee without the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount written approval of the penalty authorized in this Agreement shall be subject Owner pursuant to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms of this Agreement, or any prior agreement governing such facilities, shall be considered an unauthorized attachment. Upon discovery of an unauthorized Attachment other than in an Attachment Inventory conducted pursuant to Section 9 above, Owner shall provide Notice to Licensee, which shall include the pole number and location. Within twenty (20) business days after Licensee’s receipt of such Notice, Licensee may dispute the Notice with regard to some or all poles identified in it by providing a written response and supporting documentation to the Owner. B. If payment is not received Owner agrees that some or all of the unauthorized Attachments identified in the Notice were in fact authorized Attachments, Owner shall notify Licensee in writing of its determination and shall revise the Notice with regard to those Attachments. If, after reviewing Licensee’s supporting documentation, Owner reasonably determines that some or all of the unauthorized Attachments identified in the Notice are in fact unauthorized, Owner may order Licensee to permit such unauthorized attachments pursuant to Section 2 above. For each unauthorized Attachment discovered during an inventory or pursuant to Section A above, Licensee shall also pay Owner upon invoice an Unauthorized Attachment Fee (the “Unauthorized Attachment Fee”) equal to six (6) times the Annual Attachment Fee applicable for the Contract Year during which the discovery of the unauthorized Attachment occurred. C. If Licensee fails to submit a Proposal under Section 2 above to permit its unauthorized Attachments within thirty sixty (3060) days of Owner’s order to do so and then complete, in the time-frame set forth in Section 2 above, any required make ready work within the Communications Space that is identified by the Engineering Review, then upon invoice date, Licensee shall pay an additional Unauthorized Attachment Fee equal to seven (7) times the Company may invoke rights under Article X, Termination, and remove Permittee’s annual Attachment Fee applicable for the Contract Year which the discovery of the unauthorized Attachment occurred for each unauthorized Attachment that Licensee either failed to submit to Engineering Review or properly remedy. The payment of such additional Unauthorized Attachment Fees shall not relieve Licensee of its obligation to submit a Proposal for its unauthorized Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has not obtained written authorization in accordance with Section 3.2 2. In no event shall Owner recover more than what is permissible under applicable federal or state law. Licensee shall also pay Owner all reasonable and documented non-recurring administrative expenses Owner incurs as a result of processing and documenting such Unauthorized Attachments. D. Anything else in this Agreement notwithstanding, in no event shall any unauthorized Attachment later permitted pursuant to this Section 10 and Section 2 above constitute an event of default or non-compliance under Section 21 of this Agreement shall be treated as an unauthorized attachment. All new facilities, rebuild of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachmentAgreement.

Unauthorized Attachments. Upon request 14.1 The parties agree that because it would impracticable and extremely difficult to determine the actual amount of damages resulting from Licensee’s unauthorized Attachment(s), a charge equal to five (5) times the amount of the Company, Permittee then current Attachment Fee shall provide written evidence of be paid by Licensee to GTE for each unauthorlzed Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachmentto a GTE pole. If Permittee canSuch payment shall be deemed liquidated damages and not provide such evidence of Attachment authorization, Permittee a penalty. Licensee also shall pay to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, GTE an Attachment Fee for each unauthorized Attachment accruing from the date the unauthorized Attachment was first placed on pole. In the event that the date the unauthorized Attachment was first placed on a GTE pole cannot be determined, such date shall be deemed the date of the last physical inventory made after October 22in accordance this Agreement or, 1998if no physical inventory has been conducted, unless the Company determines date the from Licensee was approved in its sole and absolute discretion that accordance with this Agreement, Licensee also shall pay to GTE all costs incurred by GTE to rearrange any unauthorized attachment(s) of Licensee if such rearrangement isrequired to safeguard GTE’s attachment(s) or to accommodate the attachment(s) of another party whose attachment(s) would not have required a rearrangement but for the presence of Licensee’s unauthorized Attachments were made accidentally attachment(s). Licensee shall also pay to GTE all costs incurred by Permittee in good faithGTE to reinforce, replace or modify any GTE pole, which reinforcement. replacement or modification was required as a result of the Attachment of Licensee. The amount of the penalty authorized Attachment Fee referenced in this Agreement subsection 14.1 shall be determined in the same manner as such fee would have been determined if the attachment had been authorized by GTE. 14.2 Once GTE has notified Licensee of an unauthorized attachment, the Licensee can submit a PAR to request an authorized attachment. A PAR submitted per this provision be treated like any other PAR subject to such additional penalties this Agreement. Licensee be responsible for all fees associated with a PAR (as may be authorized under any applicable regulations identified in effect at the time this agreement). If a PAR is not received by GTE within ten (10) Business Days of the installation. Any Licensee’s receipt of an unauthorized attachments made prior to October 22Attachment notification, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company then Licensee has sixty (60) calendar days from the date of Permittee’s original its receipt of the initial unauthorized Attachment notification to vacate the unauthorized attachment. The unauthorized Attachment(s) shall then be subject to all the terms . 14.3 For purposes of this Agreement. If payment section, an unauthorized Attachment shall include, but not be limited An Attachment to a GTE pole which pole is not received within thirty (30) days of invoice date, the Company may invoke rights under Article X, Termination, and remove Permittee’s Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has not obtained written authorization identified in any PAR approved in accordance with Section 3.2 this Agreement: An Attachment that occupies more space than that allocated to Licensee by GTE; An Attachment that is not placed in accordance with the provisions of this Agreement shall be treated as an unauthorized attachment. All new facilities, rebuild or the appropriate PAR issued pursuant to this Agreement: An addition or modification by Licensee to its pre-existing Attachment(s) that impairs the structural integrity of existing the involved GTE pole(s) or other GTE facilities or overlash to existing cables on those of other licensees. An Attachment that consists of facilities owned or controlled by, and for the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b use of this Agreement shall be treated as an unauthorized attachment.a party other than Licensee. 1 November 6, 1996

Unauthorized Attachments. Upon request a. Municipality must receive prior written authorization from Owner for any of the Companyfollowing: (i) attachment of any Appurtenances, Permittee Attachment and/or Facilities to Poles; and (ii) Assignment of authorization as provided in Article IX, Section 5. Overlashing shall provide be permitted under specified circumstances upon prior written evidence notice to Owner, as more particularly described in Section IV(2)(ab) hereof and other applicable provisions of this Agreement. Absent such written authorization the Owner, without prejudice to its other rights or remedies under this Agreement, may charge an Unauthorized Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorization, Permittee shall pay to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, per Pole for each unauthorized Attachment, Facility and/or Overlash, as specified in Article VIII, Rates and Charges. Further, the Owner will require the Municipality to submit in writing, a Pole Attachment made application for all unauthorized Attachments and/or Facilities. If such application is not received by the Owner within forty five (45) days after October 22Municipality’s receipt of written notice by the Owner of the unauthorized condition, 1998, unless the Company determines in its sole and absolute discretion that any then Owner shall be entitled to remove each such unauthorized Attachments were made accidentally Attachment unless such removal by Permittee in good faith. The amount Owner shall cause an immediate and bona fide risk to public safety. b. No act or failure to act by the Owner with regard to any unauthorized Attachment or Facility shall be deemed as the authorization of such unauthorized Attachment, Facility and/or Overlash; and, if any authorization should be subsequently issued, said authorization shall not operate retroactively or constitute a waiver by the penalty authorized in Owner of any of its rights or privileges or obligations under this Agreement Agreement, or otherwise, provided, however, that Municipality shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Any unauthorized attachments made prior to October 22all liabilities, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms of this Agreement. If payment is not received within thirty (30) days of invoice date, the Company may invoke rights under Article X, Termination, obligations and remove Permittee’s Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has not obtained written authorization in accordance with Section 3.2 responsibilities of this Agreement shall be treated as an in regard to said unauthorized attachment. All new facilities, rebuild of existing facilities Attachment or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachment.Facility..

Unauthorized Attachments. Upon request a. If any of Licensee’s Facilities shall be found attached to a Utility 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 fifteen (15) days after receipt of written notification from the Licensor of the Companyunauthorized attachment, Permittee shall provide written evidence of Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachmenta pole and/or anchor attachment application. If Permittee cansuch application is not provide such evidence of Attachment authorizationreceived by the Licensor within the specified time period, Permittee shall pay the Licensee will be required to the Company a penalty of Five Hundred Dollars remove its unauthorized attachment within fifteen ($500.0015) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount days of the penalty authorized 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 irrespective of the original date of the agreement; 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 Agreement, or otherwise, provided, however, that Licensee shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Any unauthorized attachments made prior to October 22all liabilities, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms of this Agreement. If payment is not received within thirty (30) days of invoice date, the Company may invoke rights under Article X, Termination, obligations and remove Permittee’s Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has not obtained written authorization in accordance with Section 3.2 responsibilities of this Agreement shall be treated as an in regard to said unauthorized attachment. All new facilities, rebuild of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachmentattachment from its inception.

Unauthorized Attachments. Upon request of If during the Company, Permittee shall provide written evidence of Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorization, Permittee shall pay to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount of the penalty authorized in this Agreement shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms term of this Agreement. If payment is , Owner discovers Unauthorized Attachments (including Overlashing) (and including Riser Attachments or Service Drops for which timely notification was not received provided) placed on its Poles, the following fees may be assessed, and procedures will be followed: 21.1 Owner shall provide specific written notice of each violation within thirty (30) days of invoice datediscovering such violation and Joint User shall be given thirty (30) days from receipt of notice to contest an allegation that an Attachment is unauthorized (or that Joint User failed to timely provide notice). The notice shall identify the precise location and a description of the Unauthorized Attachment. 21.2 Joint User shall pay back rent for all Unauthorized Attachments (except Service Drops, Overlash Attachments, Anchors and/or Riser Attachments where an existing licensed Pole Attachment exists) for a period of five (5) years, or since the Company may invoke rights under Article Xdate of the last inventory of the Parties’ Attachments (whichever period is shortest), Terminationat the rental rates in effect during such periods. 21.3 In addition to the back rent, Joint User shall be subject to the Unauthorized Attachment Penalty as specified in Appendix A for each Unauthorized Attachment, including Service Drops,, Riser and remove Permittee’s Overlash Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has where an existing licensed Pole Attachment exists and Overlash Attachments, where no Permit was obtained and/or required post-installation notification was not obtained written authorization provided. 21.4 Joint User shall submit a Permit application in accordance with Section 3.2 Article 6 of this Agreement within thirty (30) days of receipt of notice from Owner of any Unauthorized Attachment, or such longer time as mutually agreed to by the Parties. 21.4.1 No additional notification is required for Service Drops or Riser Attachments where an existing licensed Pole Attachment exists. 21.4.2 In the case of Overlash requiring a separate Permit application under Article 6.2 the Joint User shall be treated required to submit an application within thirty (30) days of receipt of notice of Unauthorized Attachment. 21.5 In the event Joint User fails to submit a Permit application within thirty (30) days, or such longer time as an unauthorized attachment. All new facilitiesmutually agreed to by the Parties, rebuild of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b provisions of this Agreement Article (21.2, 21.3 and 21.4) shall apply. 21.6 Notwithstanding anything to the contrary herein, if Joint User contests the allegation that an Attachment is Unauthorized, then it shall not be treated as an unauthorized attachmentconsidered Unauthorized until the Parties resolve their dispute regarding its status pursuant to the Issue Resolution Process of Article 28.

Unauthorized Attachments. Upon request 10.1 An Unauthorized Attachment is an Attachment placed after the Effective Date without a Permit having been issued or that is not part of the Companywork performed pursuant to Article 5 or Article 6 or Article 7. When discovered, Permittee shall provide written evidence the Lewes BPW will notify Licensee of any Unauthorized Attachment, as set forth in Exhibit B-6. 10.2 Following notice of any Unauthorized Attachments per this Article 10, Licensee agrees to pay the Lewes BPW an Unauthorized Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorizationDiscovery Fee, Permittee shall pay to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount of the penalty authorized in this Agreement shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. Howeverper pole, in no event the amount stated in Exhibit A. Licensee shall, within sixty (60) days after being notified, remove such Unauthorized Attachment or will Permittee be relieved from submit Application for a Permit following the obligation provisions of paying Article 5. 10.3 If Licensee fails to remove the Unauthorized Attachment fees or to submit Application within the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms of this Agreement. If payment is not received within thirty (30) days of invoice dateday period, or such additional time agreed to by the parties, then Licensee shall also pay to the Lewes BPW an Unauthorized Attachment Daily Fee as specified in Exhibit A, which shall continue until a Permit is issued or the Unauthorized Attachment is removed and the Lewes BPW has been notified in writing. 10.4 At any time after the thirty (30) day period, the Company Lewes BPW may invoke rights under Article Xremove the Unauthorized Attachment without liability, Terminationexcept for its gross negligence or willful misconduct, and remove PermitteeLicensee shall pay the Lewes BPW’s Attachments from Cost of such removal and the Company Facilities. All attachments on service/clearance poles that Unauthorized Attachment Daily Fee shall terminate as of the Permittee has not obtained written authorization in accordance with Section 3.2 date of this Agreement shall be treated as an unauthorized attachment. All new facilities, rebuild of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachmentremoval.

Unauthorized Attachments. Upon request (A) If any of Licensee's Attachments shall be found attached to Licensor's poles for which no license is outstanding, Licensor, without prejudice to its other rights or remedies under this Agreement (including termination) or otherwise, may impose a charge and require Licensee to submit in writing, within fifteen (15) days after receipt of written notification from Licensor of the Companyunauthorized Attachment, Permittee shall provide written evidence of a pole Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachmentapplication. If Permittee cansuch application is not provide received by the Licensor within the specified time period, Licensee shall remove its unauthorized Attachment within fifteen (15) days of the final date for submitting the required application, or Licensor may remove Licensee's facilities without liability, and the expense of such removal shall be borne by Licensee. (B) For the purpose of determining the applicable charge, absent satisfactory evidence of Attachment authorization, Permittee shall pay to the Company a penalty contrary, the unauthorized pole Attachment shall be deemed as having existed since the date of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount of the penalty authorized in this Agreement (up to a maximum of 5 years), and the fees and charges as specified in APPENDIX I (off-set by an amounts Licensee may have already paid with respect to such Attachments(s)), shall be subject applicable thereto and due and payable forthwith whether or not Licensee is permitted to such additional penalties as may continue the pole attachment. (C) A field inspection will be authorized under any applicable regulations in effect made of all of Licensor’s poles, at the Licensee’s expense, to determine, at the time of the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms signing of this Agreement. If payment is not received within thirty (30) days of invoice date, the Company may invoke rights under Article X, Termination, and remove Permittee’s Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has not obtained written authorization in accordance with Section 3.2 of this Agreement shall be treated as an unauthorized attachment. All new facilities, rebuild number of existing facilities or overlash to and future Attachments and overlashing by the Licensee. Licensee will pay Attachment fees for all poles with existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of and future Attachments as authorized under this Agreement shall be treated as an unauthorized attachmentAgreement.

Unauthorized Attachments. Upon request of 5.1 In the event that Customer converts, replaces or otherwise uses a lighting or illumination source other than those provided in the Lighting Tariff in any Authorized Attachment, or operates such Equipment or Supplemental Attachment in a manner other than as stated in the Lighting Tariff, the Electric Tariff, or in this Agreement, such action shall cause the Authorized Attachment to become an Unauthorized Attachment subject to the Company’s removal rights under Article 6 of this Agreement. 5.2 If any Equipment or Supplemental Attachment is found on the Facilities within the Customer’s municipal boundaries at any time after the third month following the Effective Date that is not covered by a License or a Preliminary License, Permittee the Company shall provide Customer with written evidence of Attachment authorization notice thereof and may, without prejudice to its other rights or remedies under this Agreement and submit a backbill to the Customer for any Company Facilities on service to such Unauthorized Attachments as authorized by the Lighting Tariff and the PSC’s Rules. 5.3 If Customer wishes to retain such Equipment or in which the Permittee has installed an Supplemental Attachment. If Permittee cannot provide such evidence of Attachment authorization, Permittee Customer shall pay submit to the Company a penalty of Five Hundred Dollars written Application For Street and Area Lighting Attachment License ($500.00Form A-1) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount of the penalty authorized in this Agreement shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms of this Agreement. If payment is not received within thirty (30) days after receipt of invoice datethe Company’s written notice of the existence of such Unauthorized Attachment(s). If such application is not received by the Company within the specified time period or is rejected by the Company, the Equipment and / or Supplemental Attachment shall be deemed to be an Unauthorized Attachment subject to the Company’s removal rights under Article 6 of this Agreement. 5.4 If the Company elects, in its sole discretion, to modify, change or replace any Structure on which Equipment or Supplemental Attachments are located, including, without limitation, to upgrade such Structure or any Facilities located on or near that Structure, the Company may invoke rights under Article X, Termination, shall provide Customer with written notice of such work (“Company Notice”) and Customer agrees to remove Permitteeand relocate the Customer’s Equipment and / or Supplemental Attachments from located on such Structure to an alternate location designated by the Company Facilitieswithin six (6) months following the date of the Company Notice, at Customer’s expense and in compliance with all applicable laws, rules, regulations, codes and standards, as provided in Section 4.3.4 of this Agreement. All attachments on service/clearance poles that the Permittee has Any Equipment or Supplemental Attachments not obtained written authorization removed by Customer in accordance with Section 3.2 of this Agreement a Company Notice shall be treated as an unauthorized attachment. All new facilities, rebuild of existing facilities or overlash deemed to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachmentUnauthorized Attachments.

Unauthorized Attachments. Upon request 14.1 The parties agree that because it would be impracticable and extremely difficult to determine the actual amount of damages resulting from Licensee's unauthorized Attachment(s), a charge equal to five (5) times the amount of the Company, Permittee then current Attachment Fee shall provide written evidence of Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorization, Permittee shall pay be paid by Licensee to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, GTE for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faithto a GTE pole. The amount of the penalty authorized in this Agreement Such payment shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installationdeemed liquidated damages and not a penalty. Any Licensee also shall pay GTE an Attachment Fee for each unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company accruing from the date the unauthorized Attachment was first placed on the GTE pole. In the event that the date the unauthorized Attachment was first placed on a GTE pole cannot be determined, such date shall be deemed the date of Permittee’s original attachmentthe last physical inventory made in accordance with this Agreement or, if no physical inventory has been conducted, the date the first PAR from Licensee was approved in accordance with this Agreement. The Licensee also shall pay to GTE all costs incurred by GTE to rearrange any unauthorized Attachment(s) of Licensee if such rearrangement is required to safeguard GTE's Attachment(s) or to accommodate the Attachment(s) of another party whose Attachment(s) would not have required a rearrangement but for the presence of Licensee's unauthorized Attachment(s). Licensee shall then also pay to GTE all costs incurred by GTE to reinforce, replace or modify any GTE pole, which reinforcement, replacement or modification was required as a result of the unauthorized Attachment of Licensee. The Attachment Fee referenced in this subsection 14.1 shall be subject to all determined in the terms same manner as such fee would have been determined if the attachment had been authorized by GTE. 14.2 For purposes of this Agreement. If payment section, an unauthorized Attachment shall include, but not be limited to: 14.2.1 An Attachment to a GTE pole which pole is not received within thirty (30) days of invoice date, the Company may invoke rights under Article X, Termination, and remove Permittee’s Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has not obtained written authorization identified in any PAR in accordance with Section 3.2 this Agreement; 14.2.2 An Attachment that occupies more space than that allocated to Licensee by GTE; 14.2.3 An Attachment that is not placed in accordance with the provisions of this Agreement shall be treated as an unauthorized attachment. All new facilitiesor the appropriate PAR issued pursuant to this Agreement; 14.2.4 An addition or modification by Licensee to its pre-existing Attachment(s) that impairs the structural integrity of the involved GTE pole(s). 14.2.5 An Attachment that consists of facilities owned or controlled by, rebuild and for the use of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachmenta party other than Licensee.

Unauthorized Attachments. Upon request 10.1 An Unauthorized Attachment is an Attachment placed after the Effective Date without a Permit having been issued or that is not part of the Companywork performed pursuant to Article 5 or Article 6 or Article 7. When discovered, Permittee shall provide written evidence the LEWES BPW will notify Licensee of any Unauthorized Attachment, as set forth in Exhibit B-6. 10.2 Licensee agrees to pay the LEWES BPW an Unauthorized Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorizationDiscovery Fee, Permittee shall pay to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount of the penalty authorized in this Agreement shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. Howeverper pole, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms of this Agreement. If payment is not received amount stated in Exhibit A. Licensee shall, within thirty (30) days after being notified, remove such Unauthorized Attachment or will submit Application for a Permit following the provisions of invoice dateArticle 5. 10.3 If Licensee fails to remove the Unauthorized Attachment or to submit Application within the thirty (30) day period, then Licensee shall also pay to the LEWES BPW an Unauthorized Attachment Daily Fee as specified in Exhibit A, which shall continue until a Permit is issued or the Unauthorized Attachment is removed and the LEWES BPW has been notified in writing. 10.4 At any time after the thirty (30) day period, the Company LEWES BPW may invoke rights under Article X, Termination, remove the Unauthorized Attachment without liability and remove PermitteeLicensee shall pay the LEWES BPW’s Attachments from Cost of such removal and the Company Facilities. All attachments on service/clearance poles that Unauthorized Attachment Daily Fee shall terminate as of the Permittee has not obtained written authorization in accordance with Section 3.2 date of this Agreement shall be treated as an unauthorized attachment. All new facilities, rebuild of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachmentremoval.

Unauthorized Attachments. Upon request 20.1. If during the term of this Use Agreement, the City discovers Unauthorized Attachments placed on Poles within the Public Way, the following fees may be assessed, and procedures will be followed: 20.2. The City shall provide specific written notice of each violation, and Company shall be given five (5) days from receipt of notice to contest an allegation that an Attachment is unauthorized (or that Company failed to timely provide notice). 20.3. Company shall pay the City retroactively, Fees for all Unauthorized Attachments. Company shall furnish to the City notarized documentation as evidence of date of install for determining retroactive Fees. In the event Company is unable to provide documentation, Company shall pay retroactive Fees for all Unauthorized Attachments for a period of five (5) years, or for the period commencing from the Effective Date of this Use Agreement, or from the date of the last inventory of Company's Attachments (whichever period is shortest), Permittee shall provide written evidence of Attachment authorization for any Company Facilities on or at the Fees in which the Permittee has installed an Attachmenteffect during such periods. 20.4. If Permittee cannot provide such evidence of Attachment authorization, Permittee shall pay In addition to the retroactive Fees, Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount of the penalty authorized in this Agreement shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time Unauthorized Attachment Penalty of the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying $500.00 per day for each Unauthorized Attachment fees to the Company from the date of Permittee’s original attachmentdiscovery until removal of the Attachment or appropriate permission for the Attachment is filed by Crown with the City in accordance with 20.5. 20.5. The unauthorized Attachment(s) Unless an Unauthorized Attachment is removed by Company, Company shall then be subject to all the terms submit a Permit Application in accordance with Articles 5 and 6 of this Agreement. If payment is not received Use Agreement within thirty five (305) days of invoice date, the Company may invoke rights under Article X, Termination, and remove Permittee’s Attachments receipt of notice from the Company Facilities. All attachments on service/clearance poles that City of any Unauthorized Attachment, or such longer time as mutually agreed to by the Permittee has not obtained written authorization in accordance with Section 3.2 of this Agreement shall be treated as parties after an unauthorized attachment. All new facilities, rebuild of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachmentinventory.

Unauthorized Attachments. Upon request of the Company, Permittee shall provide written evidence of Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorization, Permittee shall pay to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Any Attachment made after October 22, 1998, unless without the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount approval of the penalty authorized in this Agreement shall be subject Owner pursuant to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms of this Agreement, or any prior agreement governing such facilities, shall be considered an Unauthorized Attachment. If payment is not received Upon discovery of an Unauthorized Attachment, Owner may elect either of the following options after providing Licensee written notice: (i) order Licensee to remove the Attachment within thirty (30) days of invoice datesuch written notice, or (ii) review such Attachment, at Licensee's expense, to determine if the Company Attachment is in compliance with the Design Standards and, if necessary, order Licensee to comply with the Design Standards. If rearrangement or pole replacement (pursuant to Rearrangement of Attachments Section or the Pole Installation Section above) is required, Licensee shall comply or remove its affected Attachment(s) within thirty (30) days of such written notice or such additional time as may invoke rights under Article Xbe mutually agreed upon by the Parties. Alternatively, TerminationLicensee may provide Owner written documentation within thirty (30) days that such Attachment(s) had been previously authorized by Owner. For each Unauthorized Attachment, Licensee shall also pay Owner the applicable annual attachment fee hereunder for a period of time equal to the greater of: (i) five years, or (ii) the number of years since the last Attachment Inventory, plus the current Interest Rate compounded annually at the rate of eight percent (8%) per annum. Licensee shall also pay Owner any and remove Permittee’s Attachments from the Company Facilitiesall non-recurring administrative expenses Owner incurs as a result of processing and documenting such Unauthorized Attachments. All attachments on service/clearance poles that the Permittee has not obtained written authorization in accordance with Section 3.2 of this Agreement In addition, there shall be treated as an unauthorized attachment. All new facilities, rebuild a fine of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement $100.00 per attachment for each Unauthorized Attachment discovered by Owner which shall be treated as an unauthorized attachment.paid to Owner within five