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Pole Attachments - Construction Standards
Termination of Permits
(a) Upon written notice from Licensor to Licensee that the use of any facility
is no longer available for occupancy pursuant to this Agreement, the permit
covering the use of such facility shall immediately terminate and Licensee
shall remove, within thirty (30) calendar days or other reasonable period
agreed upon by the Licensor and Licensee, its attachments from the affected
facility at Licensee's expense. Upon receipt of written notice, Licensee shall
have thirty (30) calendar days to propose an alternative location for its
attachment. Upon agreement of the Licensee and Licensor such attachment shall
be moved to the alternative location as an authorized attachment. If, after
notice to remove is given, Licensee fails to remove its facilities within
thirty (30) calendar days, Licensor shall proceed with the removal with no
liability or repercussion from Licensee for damage that Licensee might
sustain. Costs associated with removal by Licensor shall be borne by Licensee
in accordance with Exhibit D.
(b) Licensee may at any time request removal of its attachments from any
facility of Licensor, and shall immediately give Licensor written notice of
such removal in the form of Exhibit B, hereto attached and made a part hereof.
No refund of any rental or other fees or costs will be made upon removal. If
Licensee surrenders its permit pursuant to the provisions of this Article, but
fails to remove Licensee's attachments from Licensor's facilities within
thirty (30) days thereafter, Licensor shall have the right to remove
Licensee's attachments at Licensee's expense and without any liability on the
part of Licensor for damage or injury to Licensee's facilities, and Licensee
shall indemnify and hold Licensor harmless for claims and demands of third
parties arising out of such removal in accordance with Article 18. If
Licensee's attachments are removed by Licensor as provided by this Article,
Licensor may dispose of such attachments at its discretion without the
permission of and with no obligation to Licensee. In the event that Licensee's
attachments shall be removed from any facility as provided by this Article, no
attachment shall again be made to such facility unless Licensee shall have
first complied with all of the provisions of this Agreement as though no such
attachment had previously been made.
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