Common use of Unauthorized Occupancy or Access Clause in Contracts

Unauthorized Occupancy or Access. A. After the Effective Date of this Agreement and the completion of the Initial Attachment Inventory, if any of Licensee’s Communications Facilities, including Overlashing, are found occupying any portion of any of City’s Poles for which no Permit has been issued and is in effect, City, without prejudice to its other rights or remedies may assess an Unauthorized Attachment Fee, as specified in Appendix A, from the date of notice to Licensee until a complete Permit application and all required fees, as per Appendix A, have been submitted for the verified unauthorized attachments or until the verified Unauthorized Attachment is removed in the event the Permit is not granted. At City’s discretion, City may require the immediate removal of the verified unauthorized attachment, in which event Unauthorized Attachment Fees will continue to accrue and be payable by Licensee until the verified unauthorized attachment is removed. If Licensee persists in not removing the verified Unauthorized Attachment for a period of thirty (30) days after notification by City, or after denial of the Permit application, whichever is appropriate, then City may remove the verified Unauthorized Attachment, without liability to Licensee for any damage caused to such verified Unauthorized Attachment during the removal. If the Licensee wishes to dispute the claims of an Unauthorized Attachment, they may conduct the actions specified in Appendix D. B. If Licensee attaches Communications Facilities after submittal of a Permit application but prior to City’s final determination on the Permit, such premature attachment shall be deemed to be unauthorized, and the Unauthorized Attachment Fee shall apply from the date of notice by City to Licensee until the Permit is issued by City. If the City determines to deny the Permit application for such premature attachment, the Unauthorized Attachment Fee shall apply until the attachment is removed. C. No act or failure to act by City with regard to unauthorized occupancy or access shall be deemed as ratification of the unauthorized occupancy or access. If any Permit should be subsequently issued, said Permit shall not operate retroactively or constitute a waiver by City of any of its rights or remedies. Licensee shall be subject to all liabilities, obligations and responsibilities for the unauthorized occupancy or access from inception.

Unauthorized Occupancy or Access. A. After the Effective Date of this Agreement and the completion of the Initial Attachment Inventory, if If any of Licensee’s Communications Facilities, including Overlashing, Attachments are found occupying any portion of any of City’s Poles Pole for which no Permit has been issued and is in effect, City shall notify Licensee of City’s findings and allow Licensee a reasonable period of time to verify City’s findings. Thereafter, City, without prejudice to its other rights or remedies remedies, may assess an Unauthorized Attachment Fee, Fee (as specified in Appendix A, ) from the date end of notice to Licensee the granted verification period until a complete Permit application and all required fees, fees (as per Appendix Attachment A, ) have been submitted for the verified unauthorized attachments or until the verified Unauthorized Attachment is removed in the event the Permit is not granted. At Notwithstanding the foregoing, at City’s discretion, City may require notify Licensee that the immediate removal of the verified unauthorized attachmentattachment is required, in which event Unauthorized Attachment Fees will continue to accrue and be payable by Licensee until the verified unauthorized attachment is removed. If Licensee persists in not removing the verified Unauthorized Attachment for a period of thirty (30) days after notification by City, or after denial of the Permit application, whichever is appropriate, then City may remove the verified Unauthorized Attachment, without liability to Licensee for any damage caused to such verified Unauthorized Attachment during the removal. If the Licensee wishes to dispute the claims of an Unauthorized Attachment, they may conduct the actions specified in Appendix D.. B. If Licensee attaches Communications Facilities its facilities to a Pole after submittal of a Permit application but prior to City’s final determination on the Permit, such premature attachment shall be deemed to be unauthorized, and the Unauthorized Attachment Fee shall apply from the date of notice by City to Licensee until the Permit is issued by City. If the City determines to deny the Permit application for such premature attachment, the Unauthorized Attachment Fee shall continue to apply until the attachment is removedremoved by Licensee or City. C. No act or failure to act by City with regard to unauthorized occupancy Occupancy or access shall be deemed as ratification of the unauthorized occupancy Occupancy or access. If any Permit should be subsequently issued, said Permit shall not operate retroactively or constitute a waiver by City of any of its rights or remedies. Licensee shall be subject to all liabilities, obligations and responsibilities for the unauthorized occupancy Occupancy or access from inception.