Existing Utility Poles Clause Samples

Existing Utility Poles. Mobilitie may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner, provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the City’s police powers, and in no instance shall Mobilitie erect a new pole within an existing aerial pole line absent the City’s prior authorization.

Existing Utility Poles. JMZ may attach its Facilities to an existing City utility pole, or to a third-party utility pole, pursuant to an agreement with the utility pole owner, provided, however that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the City’s police powers, and in no instance shall JMZ erect a new pole within an existing aerial pole line absent the City’s prior authorization. There shall be no charge to JMZ associated with its use of an existing City utility pole.

Existing Utility Poles. “Existing Utility Poles” shall mean any pole(s) that is installed before the Effective Date and is owned and/or leased by the Grantor or a third party. For the purposes of this Agreement, an “Existing Utility Pole” may be defined as a new pole placed in exactly, or nearly exactly, the same location as an Existing Utility Pole for the purpose of facilitating the installation of Franchisee’s Equipment where such Equipment could not otherwise be accommodated on an Existing Utility Pole, provided that such pole is not more than 10% larger in either height or diameter than the Existing Utility Pole, and provided further that there is no net increase in the total number of utility poles on the Property, and provided further that the new pole is approved in writing by the Grantor, which approval shall not be unreasonably withheld, conditioned or delayed if the new pole will not exceed fifty (50) feet in height, or the height of the previously existing pole, whichever is greater, and two (2) feet wide.

Existing Utility Poles. Zayo may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner, provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the city’s police powers, and in no instance shall Zayo erect a new pole within an existing aerial pole line absent the City’s prior authorization.

Existing Utility Poles. Wildflower may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner, provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the City‟s police powers, and in no instance shall Wildflower erect a new pole within an existing aerial pole line absent the City‟s prior authorization.

Existing Utility Poles. Tech 5 may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner, provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the city’s police powers, and in no instance shall Tech 5 erect a new pole within an existing aerial pole line absent the City’s prior authorization.