CONSTRUCTION AND MAINTENANCE OF FACILITIES Clause Samples
CONSTRUCTION AND MAINTENANCE OF FACILITIES. (a) Licensee shall notify the Licensor on a daily basis the location where attachments are being made. Licensor retains the right to make inspections of the Licensee's attachments while work is in progress. All anchors and guys shall be in place and all attachments shall be made in accordance with the specifications before Licensee’s attachments can render service.
(b) Licensee shall, at its own expense, make and maintain its pole attachments in a safe condition and in thorough repair and in a manner acceptable to Licensor and so as not to conflict with these of said poles by Licensor or by other authorized users of said poles or to interfere with other facilities thereon or which may from time to time be placed thereon. All tree trimming required on account of the facilities of the Licensee shall be done by the Licensee at its sole cost and expense in a manner satisfactory to the Licensor and the owner of the trees.
(c) The Licensee shall inspect its attachments at reasonable intervals and shall maintain the same in good order and repair. The Licensee shall label its facilities and maintain such labels (wires or pole attachment devices) at intervals not exceeding 1,000 ft. and at all intersections. Identification shall include, as a minimum, the name and telephone number of the Licensee and be fully visible from ground level.
(d) Licensee shall register with and use the state-wide transfer notification system (New York currently uses the National Joint Utilities Notifications System (NJUNS)). Attachment requests will not be processed unless the Licensee is a registered user and updates the transfer notification system. Licensee shall, at its expense, upon fifteen (15) days' notice from Licensor relocate or replace its facilities placed on Licensor's poles or transfer them to substituted poles or perform any other work in connection with said facilities that may be required by Licensor or Joint Users provided, however, that in cases of emergency, Licensor or Joint Users may arrange to relocate or replace the attachments placed on said poles by Licensee, transfer them to substituted poles, or perform any work in connection with said facilities that may be required in the maintenance, replacement, removal, or relocation of said poles or of the facilities thereon or which may be placed thereon, or for the service needs of Licensor or Joint Users, and Licensee shall reimburse Licensor and Joint Users for the cost thereby incurred. Licensee shall not make any a...
CONSTRUCTION AND MAINTENANCE OF FACILITIES. (a) Licensee shall notify the Licensor on a daily basis the location where attachments are being made. Licensor will make timely inspections of the Licensee's attachments while work is in progress. All anchors and guys shall be in place and all attachments shall be made in accordance with the specifications before Licensee attachments can render service.
(b) The Licensee agrees to install all newly licensed pole attachments within ninety (90) days from the date of release by the Licensor.
(c) Licensee shall, at its own expense, make and maintain its pole attachments in a safe condition and in thorough repair and in a manner acceptable to Licensor and so as not to conflict with these of said poles by Licensor or by other authorized users of said poles or to interfere with other facilities thereon or which may from time to time be placed thereon. All tree trimming required on account of the facilities of the Licensee shall be done by the licensee at its sole cost and expense in a manner satisfactory to the Licensor and the owner of the trees.
CONSTRUCTION AND MAINTENANCE OF FACILITIES. All Facilities shall be constructed and installed so as to interfere as little as possible with traffic over and public use of the Streets and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the Streets. All Facilities shall be constructed in accordance with established gas distribution construction practices and in a manner which protects the Facilities from all traffic loads. Without unreasonable additional cost to Questar Gas, all Facilities that are installed during the term of the Franchise shall be sited to be visually unobtrusive and to preserve the natural beauty and neighborhood aesthetics within the City limits.
CONSTRUCTION AND MAINTENANCE OF FACILITIES. (a) Licensee shall, at its own expense, make and maintain its pole and anchor attachments in a safe condition and in thorough repair, and in a manner acceptable to Licensor, and so as not to conflict with the use of said poles and anchors by Licensor or by other authorized users of said poles and anchors, or interfere with other facilities thereon or which may from time to time be placed thereon. Licensee shall, at its own expense, upon five (5) days' notice from Licensor, relocate or replace its facilities placed on said poles or anchors, or transfer them to substituted poles or anchors, or perform any other work in connection with said facilities that may be required by Licensor provided, however, that in cases of emergency, Licensor may arrange to relocate or replace the attachments placed on said poles or anchors by Licensee, transfers them to substituted poles or anchors or perform any other work in connection with said facilities that may be required by Licensor; provided, however, that in cases of emergency, Licensor may arrange to relocate or replace the attachments placed on said poles or anchors by Licensee, transfer them to substituted poles or anchors or perform any work in connection with said facilities that may be required in the maintenance, replacement, removal or relocation of said poles or anchors or of the facilities thereon or which may be placed thereon, or for the service needs of Licensor and Licensee shall reimburse Licensor for the expense thereby incurred. 9
CONSTRUCTION AND MAINTENANCE OF FACILITIES. The on-site stormwater management facilities shall be constructed by the OWNER, its successors, and assigns, in accordance with the plans and specifications identified in the Plan. This agreement does not constitute approval or acceptance of the completed stormwater management facilities by the CITY, which approval, if given, shall be by a separate written document executed by the CITY. The OWNER agrees to maintain in perpetuity the stormwater management system in accordance with the approved Stormwater Pollution Prevention Plan(s) to ensure that the measures remain in proper working condition and in accordance with the standards by which they were designed. The OWNER shall perform preventative maintenance activities at intervals described in the Post-Construction Stormwater Operations and Maintenance Plan on file with the CITY.
CONSTRUCTION AND MAINTENANCE OF FACILITIES. The Owner will, at its sole cost and expense, construct and maintain the Facilities in accordance with plans approved by the City and the City's Engineering Standards and Specifications. After the completion of construction by the Owner and approval by the City of the Facilities, the Owner will dedicate the Facilities to the City. Notwithstanding this dedication, the Owner will, at its sole cost and expense, perpetually maintain the Facilities in good condition and conduct all necessary repairs and regular maintenance to ensure that the Facilities remain in good working condition and in compliance with all of the City's laws, codes, and regulations. In the event the City determines, in its sole and absolute discretion, that proper maintenance of the Facilities is not performed at any time, the City, after five (5) days prior written notice to the Owner, may, but shall not be obligated to, enter upon any or all of the Easement Premises, as well as all portions of the Subject Property necessary to provide access to the Easement Premises, for the purpose of performing maintenance work on and to the Facilities. In the event that the City shall cause to be performed any work pursuant to this Section 3, the City shall have the right to charge the Owner an amount sufficient to defray the entire cost of such work or action, including administrative costs, either before or after such cost is incurred. If the amount so charged is not paid by the Owner within thirty (30) days following a demand in writing by the City for such payment, such charge, together with interest and costs of collection, shall become a lien upon the Subject Property and the City shall have the right to collect such charge, with interest and costs, and to enforce such lien as in foreclosure proceedings as permitted by law.
CONSTRUCTION AND MAINTENANCE OF FACILITIES
CONSTRUCTION AND MAINTENANCE OF FACILITIES