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<br />-12- <br /> <br /> <br />Equipment work such that removal of obsolete and/or depreciated poles can be performed <br />by the Licensor. <br /> <br />(c) If the Licensee has not completed its transfer of Equipment work within <br />said thirty (30) minutes, the Licensor shall provide written notification to the Licensee of <br />its completion date of Licensor’s work. Licensor agrees that Licensee shall have thirty (30) <br />days following such notice by Licensor in which to transfer or overlash its Equipment; <br />provided, however, that said time period may be shortened in the event of an emergency <br />situation (as determined by the Licensor) requiring prompt action by Licensee. <br /> <br />(d) In the event multiple Licensees have facilities on Licensor’s poles, the last <br />Licensee removing its facilities shall assume complete responsibility for any obsolete <br />and/or depreciated poles and their subsequent removal. Licensor shall maintain records of <br />all Licensee’s’ notification(s) made to the Licensor (including the date of all such removals <br />or transfers of all Licensees’ facilities). Copies of such records shall be provided to <br />Licensee upon request. In the event a dispute arises as to which Licensee was the last to <br />remove its facilities, Licensor may rely on such records to determine Licensee <br />responsibility for such pole removal. In the event Licensee fails to arrange for such pole <br />removal in the time specified above, then Licensor may remove such pole and charge all <br />costs associated with such removal to Licensee. Notwithstanding the foregoing, if the <br />Licensee is present at the worksite during the replacement or removal of Licensor’s poles <br />as set forth above and, due to operational or other reasons, the Licensor does not permit the <br />Licensee to proceed with the removal of such facilities, the Licensor shall assume the <br />obligation to remove such obsolete and/or depreciated poles. <br /> <br />4.11 Prompt Removal Required <br /> <br />Upon written notice from Licensor to Licensee that: (i) Licensee’s use of any pole or poles <br />is in violation of applicable local, state and/or federal law; (ii) Licensee’s Equipment is <br />attached to a pole without the permission of the underlying property owner if the property <br />owner’s permission is legally required; (iii) Licensor has notice of any misstatement or <br />omission in the information provided by the Licensee in its application form; (iv) Licensee <br />has modified its attachments without complying with Section 4.05; or Licensee failed to <br />transfer its Equipment in accordance with Section 4.10, the Licensor shall have the right to <br />exercise any one or more of the following options: <br /> <br />(a) Provide Licensee with written notice that Licensee has fifteen (15) days (or <br />longer as determined by Licensor) to cure/address/resolve any identified issue(s) to the <br />satisfaction of Licensor. In the event Licensee fails to cure/address/resolve any identified <br />issue(s) within said time period to the satisfaction of Licensor, Licensor may cancel the <br />permit for the Equipment on the pole(s) associated with the issue(s) and Licensee shall <br />thereafter be required to remove its Equipment from said pole(s) in accordance with <br />Section 6.05; or <br /> <br />(b) Cancel Licensee’s permit on fifteen (15) days’ written notice with respect <br />to any subject pole(s) and require Licensee to remove its Equipment from subject pole(s) <br />in accordance with 6.05. <br />