Common use of Use of Poles Clause in Contracts

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 Licensee for changes in pole lines under this Agreement shall not entitle the Licensee to ownership of any of said poles. g. The Licensor reserves the right to exclude any of its facilities from use by Licensee.