Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension thereof, District may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Attaching Entities. In such instances, District shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions.
Effect of Failure to Exercise Access Rights. 4.6.1 Failure by Licensee to fully exercise access rights granted pursuant to this Agreement and/or applicable Permit(s) within:
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension thereof, Utility may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Attaching Entities. In such instances, Utility shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. Licensee may obtain a refund on a pro-rata basis of any Attachment Fees it has paid in advance with respect to expired Permits.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension thereof, the City may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Attaching Entities. In such instances, the City shall endeavor to make other space available to Licensee, upon written Permit Application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. Licensee may obtain a refund on a pro-rata basis of any Annual Attachment Fees it has paid in advance with respect to expired Permits. For purposes of this Paragraph, Licensee’s access rights shall not be deemed effective until any necessary Make-Ready Work has been performed.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to a Permit within three months of the issuance of the Permit or completion of the Make-Ready Work, if any (or such longer time period as agreed between the parties), the Permit shall be null and void and Utility may use the space scheduled for Licensee’s Wireless Attachment. Utility shall grant an extension where Licensee demonstrates that events beyond its control prevented Licensee from exercising any such access right. In such instances, Utility shall endeavor to make other space available to Licensee, upon written request, as soon as reasonably possible.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within 90 calendar days of the effective date of such right and any extension thereof, which shall be reasonably granted upon Licensee’s request, Xxxxx PUD may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Attaching Entities. In such instances, Grant PUD shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions.
Effect of Failure to Exercise Access Rights. If Attaching Utility does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within two hundred (200) calendar days of the effective date of such right and any extension thereof, Owner Utility may use the space scheduled for Attaching Utility’s Attachment(s), for its own needs and/or other Attaching Entities. In such instances, Owner Utility shall endeavour to make other space available to Attaching Utility, upon written application per Article VI, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. This clause shall not apply if the Attaching Utility is unable to exercise its access rights due to circumstances that are beyond its control upon written notification to the Owner Utility.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension thereof, City may use the space scheduled for Licensee’s Attachment(s) for its own needs or other Attaching Entities. In such instances, City shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. Licensee may obtain a refund on a pro-rata basis of any Attachment Fees it has paid in advance with respect to expired Permits.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and applicable Permit within the period prescribed in Article VI, and any extension thereof, JEA may use the space scheduled for Licensee’s Attachment, for its own needs or other Attaching Entities. In such instances, JEA shall endeavor to make other space available to Licensee, upon reapplication for a Permit, as soon as reasonably possible.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension to such Permit(s), Utility may, but shall have no obligation to, use the space scheduled for Licensee’s Attachment(s) for its own needs or make the space available to other Attaching Entities. In such instances, Utility shall endeavor to make other space available to Licensee, upon written application under Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. If Utility uses the space for its own needs or makes them available to other parties, then from the date that Utility or a third party begins to use such space, For purposes of this paragraph, Licensee’s access rights shall not be deemed effective until any necessary Make-Ready Work has been performed.
