Use of Poles Clause Samples
The 'Use of Poles' clause defines the terms and conditions under which a party is permitted to use utility poles owned or controlled by another entity. Typically, this clause outlines the scope of permitted uses, such as attaching telecommunications or electrical equipment, and may specify requirements for safety, maintenance, and compliance with applicable regulations. Its core practical function is to establish clear guidelines and responsibilities for pole usage, thereby preventing disputes and ensuring safe, coordinated access to shared infrastructure.
Use of Poles. Licensee may submit to Xcel Energy Pole Permit Applications (each, a “PPA”) as provided in Section 1.3 requesting to attach Equipment owned and operated by Licensee to specific Poles, solely for the purpose of seasonally decorative lighting. Such use, if approved in writing by Xcel Energy, shall be in accordance with Xcel Energy’s Specifications For Attachment of Private Holiday Ornaments to Poles (“Specifications”) made a part hereof as Exhibit A, as may be amended by Xcel Energy from time to time during the term of this Agreement and any extensions thereof, and the conditions of this Agreement. The parties agree that the portion of the Equipment described or depicted in Exhibit A as the “Decorations” will be attached to the Poles only seasonally, generally during the period of mid-November through mid-January each year. The balance of the Equipment, including, but not limited to, the conductor, conduit, ▇▇▇▇▇▇▇▇▇▇▇ and disconnect box, shall remain attached to the Poles throughout the year. The use of the Equipment for purposes other than seasonally decorative lighting during the mid-November through mid-January time frame is prohibited.
Use of Poles. The City reserves the right, during the term of the Franchise Agreement, to install and utilize, upon the poles owned or jointly owned by the Franchisee, any wire or pole fixtures required for municipal purposes, without pole attachment cost to the City so long as any make-ready or other preparation cost is borne by the City and such installation and utilization does not unduly interfere with the operation of the System.
Use of Poles a. Before the Licensee shall make use of any of the Licensor's poles under this Agreement, it shall request permission in writing on the application form attached and identified as Exhibit C, and shall comply with the procedures set forth in this section. With its application, Licensee shall provide the pole location and a technical design of each proposed pole attachment information (including size of cable, and power supply, amplifier and tap locations).
b. If, in the judgment of the Licensor, use by Licensee of specific poles, under the circumstances, is not possible because of insufficient capacity or for reasons of safety, reliability or generally applicable engineering standards, the Licensor shall have the right to reject part or all of the application. In any event, within thirty (30) days after the receipt of such application, the Licensor shall notify the Licensee in writing if the application is rejected or accepted.
c. The Licensor shall submit to the Licensee, within thirty (30) days, of the date of the receipt of Licensee’s application, a cost estimate (based on Licensor's actual costs) for all changes which may be required for the proposed application (Exhibit C), including an estimated completion date. Nothing shall preclude the parties from making any mutually agreeable arrangement for contracting for or otherwise accomplishing the necessary changes. Upon completion of all changes, the Licensee shall have the right to use the poles and to make attachments in accordance with the terms of the application and of this Agreement. The Licensee shall, at its own expense, make pole attachments in such manner so as not to interfere with the service of the Licensor, and shall place guys and anchors to sustain any unbalanced loads caused by its pole attachments.
d. Upon completion of all changes required for the pole attachment, the Licensee shall pay to the Licensor the actual cost of making such changes.
e. Any tree trimming necessary for the initial establishment of use by Licensee shall be performed by the parties as may be mutually agreed. Licensee shall bear the cost of any such right-of-way clearing and trimming. Provided, however, if any tree trimming is necessary for the simultaneous establishment by Licensee and a third party, Licensee and said third party shall each pay 50% of the costs of that right of way clearing and trimming.
f. All poles used under this Agreement shall remain the property of the Licensor, and any payments made by the ...
Use of Poles