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2023/12/13 Council Agenda Packet
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2023/12/13 Council Agenda Packet
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12/14/2023 8:51:43 AM
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12/13/2023 5:03:11 PM
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Council Agenda Packet
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12/13/2023
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<br />-10- <br /> <br /> <br />The Licensee at its own cost and expense shall construct, maintain and replace its <br />Equipment on Licensor’s poles in accordance with applicable local, state and/or federal <br />law and the requirements and specifications of the current National Electrical Safety Code <br />and any amendments or revisions thereof. In addition, all attachments shall be made by <br />the Licensee in accordance with the Construction Standards attached hereto and made a <br />part hereof, which may be revised from time to time by the Licensor. Licensor shall notify <br />Licensee in writing of any such revisions to the Construction Standards applicable to <br />Licensee’s attachments. <br /> <br />4.03 Maintenance Duties <br /> <br />The Licensee shall, at its own cost and expense, operate and maintain all of its Equipment <br />on the Licensor’s poles in a safe manner and condition. <br /> <br />4.04 Damage to Facilities <br /> <br />The Licensee shall avoid damage to facilities of the Licensor or other joint users on said <br />poles of Licensor, and hereby assumes all responsibility for any and all loss and damage to <br />said poles caused by the acts, omissions or facilities of the Licensee, its employees or <br />agents. The Licensee shall make an immediate report to the Licensor of the occurrence of <br />any damage and hereby agrees to reimburse the Licensor or other owners of the property <br />damaged for the expense incurred in making repairs. <br /> <br />4.05 Modifications - Licensor Permission Required <br /> <br />Permits, when granted, are for the specific equipment, facilities and location specified in <br />the original application. Any subsequent modification in the nature or location of the <br />attachment specified on the permit shall require the Licensee to request modification to the <br />existing permit or to apply for a separate permit for such additional attachment. <br />Modifications performed by Licensee in the nature or location of attachments without such <br />a modification to the existing permit or a separate permit are unauthorized under this <br />Agreement and shall be subject to the penalties specified in Section 2.07 (relating to <br />unauthorized pole attachments) and to the provisions set forth in Section 4.11 (requiring <br />prompt removal of such modified attachments). Notwithstanding the foregoing, no permit <br />modification or new permit shall be required for the installation of a service drop from one <br />of Licensor’s pole (for which Licensee has already obtained a permit from Licensor for <br />attachment of its Equipment) to a structure of Licensee’s customer. <br /> <br />4.06 Inspection <br /> <br />The Licensor may inspect and audit each new installation of the Licensee on its poles and <br />in the vicinity of its lines or facilities and may make periodic inspections of all attachments <br />of the Licensee; and the Licensee shall reimburse the Licensor for the cost of such surveys, <br />inspections and audits. Such inspections and audits shall not operate to relieve the Licensee <br />of any responsibility, obligation or liability assumed under this Agreement. <br /> <br />4.07 Maintenance Rights <br />
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