Common use of Unauthorized Attachments Clause in Contracts

Unauthorized Attachments. 9.1 If any of Licensee’s facilities are attached to Licensor’s poles without being licensed, excluding any attachments licensed by default due to Licensor’s failure to timely grant or deny a license, Licensor may recover fees as specified in subpart 9.2, without prejudice to its other rights or remedies under this Agreement, and require Licensee to submit in writing, within thirty (30) days after receipt of written notification from Licensor of the unauthorized attachment, a pole attachment application. If such application is not received within the specified time period, Licensee shall remove its unauthorized attachments within thirty (30) days of the final date for submitting the required application, or Licensor may remove Licensee’s attachments or facilities without liability at the Licensee’s expense. 9.2 Upon discovery of an unauthorized attachment, Licensee agrees to pay an amount equal to five times the current applicable annual Attachment Fee specified in APPENDIX I times the number of unauthorized attachments. The penalty shall be in addition to all other amounts due and owing to Licensor under this Agreement.

Unauthorized Attachments. 9.1 If any of Licensee’s facilities are attached to Licensor’s poles without being licensed, excluding any attachments licensed by default due to Licensor’s 's failure to timely grant or deny a license, Licensor may recover fees as specified in subpart 9.2, without prejudice to its other rights or remedies under this Agreement, and require Licensee to submit in writing, within thirty (30) days after receipt of written notification from Licensor of the unauthorized attachment, a pole attachment application. If such application is not received within the specified time period, Licensee shall remove its unauthorized attachments within thirty (30) days of the final date for submitting the required application, or Licensor may remove Licensee’s attachments or facilities without liability at the Licensee’s expense. 9.2 Upon discovery of an unauthorized attachment, Licensee agrees to pay an amount equal to five times the current applicable annual Attachment Fee specified in APPENDIX I times the number of unauthorized attachments. The penalty shall be in addition to all other amounts due and owing to Licensor under this Agreement.