Common use of Capacity for the Company Clause in Contracts

Capacity for the Company. When the Company needs space or capacity for its core utility service, and without the Permittee’s Attachment there would be adequate space or capacity, then the Permittee shall either pay for expansion of the pole to provide adequate space or capacity for the Company, or remove its Attachments. If more than one Company Permittee is on the pole and all Permittees cumulatively occupy the space or capacity needed by the Company, and the removal of the last authorized Permittee will provide adequate space or capacity, then the last authorized Permittee will pay the cost of providing additional space or capacity for the Company, or remove its Attachments. If more than one Company Permittee is on the pole and all Permittees cumulatively occupied the space or capacity needed by the Company, then all Permittees will share equally the cost of providing additional space or capacity on the pole, or remove their Attachments. If the Company is unable to determine which Permittee is the last authorized Permittee on the pole then the Permittees will share equally the cost of providing additional space or capacity on the pole, or removes their Attachments.

Appears in 5 contracts

Samples: Facilities License Agreement, Facilities License Agreement, Facilities License Agreement

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