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-7- <br />2.06 Required Modifications of Licensee’s Attachments <br /> <br />(a) If, in the Licensor’s judgment, after the granting of any permit to the <br />Licensee, the service needs of the Licensor, or any hazardous conditions, requires the <br />moving and/or modification of the Licensee’s Equipment, the Licensee agrees to make <br />such changes at its own expense within thirty (30) days after the Licensor sends a notice to <br />such effect, or within such shorter period as is feasible in the case of any hazardous <br />condition. <br /> <br />(b) In the event of the Licensee’s failure to comply with any request made by <br />the Licensor under this Section, the Licensor shall have the right to exercise any one or <br />more of the following options: <br /> <br />(i) Provide Licensee with written notice that Licensee has fifteen (15) <br />days (or longer as determined by Licensor) to cure/address/resolve identified issue <br />to the satisfaction of Licensor or permit may be cancelled and Licensee be required <br />to remove its Equipment from subject pole(s) in accordance with Section 6.05; <br /> <br />(ii) Cancel Licensee’s permit on fifteen (15) days’ written notice with <br />respect to any subject pole(s) and require Licensee to remove its Equipment from <br />subject pole(s) in accordance with Section 6.05. <br /> <br /> (c) The granting of attachment privileges to any other party(ies) and the <br />addition of the equipment of any such third party(ies) to a pole or poles then occupied by <br />Licensee shall not result in any further rearrangement expense or cost of additional make- <br />ready work to Licensee, and any such costs or expense shall, pursuant to agreement <br />between Licensor and such other party(ies), be the exclusive responsibility of such other <br />party(ies). <br /> <br />2.07 Unauthorized Pole Attachments - Penalty <br /> <br />In the event Licensee shall attach Equipment to any pole of Licensor without specific <br />permit for such attachment, in addition to the Application Fees, make-ready costs, and <br />permit fees set forth herein, Licensee also understands and agrees that it shall pay a penalty <br />for each unauthorized pole attachment in the amount set forth in the Licensor’s Joint Use <br />Schedule; provided that such amount may be increased from time to time upon at least six <br />(6) months written notice to the Licensee. In addition to said penalty, Licensee also <br />understands and agrees to pay an Application Fee for such poles as described in Section <br />2.02, and pole attachment fees as described in Section 3.01. In addition, Licensee shall <br />pay accrued attachment fees as determined in accordance with Section 3.01 calculated from <br />the date of such unauthorized attachment. In the event the Licensee cannot provide <br />Licensor with satisfactory documentation (as solely determined by Licensor) as to the <br />actual date of such unauthorized attachment, the Licensee shall be liable to Licensor for <br />accrued charges for such attachment for a period of five (5) years preceding the date of <br />discovery by the Licensor of such unauthorized attachment. The amount calculated for <br />such accrued charges will be based on the current attachment fee(s) in effect for a wholly- <br />owned Licensor pole on the date of discovery by the Licensor of such unauthorized <br />attachment. Said penalty, Application Fee, and accrued attachment fees shall be paid by