Common use of Facilities Inventory Clause in Contracts

Facilities Inventory. (A) LICENSEE and Licensor acting in cooperation for purposes of rendering bills, shall tabulate the total number of LICENSEE attachments on Licensor poles and in Licensor conduits. This tabulation, shall be based on a perpetual inventory of permits. (B) Licensor shall have the right to require a jointly conducted physical inventory of LICENSEE’ attachments on Licensor poles upon ninety (90) days advance written notice. In such event, Licensor hereby agrees to select an independent contractor for the performance of such physical inventory through a competitive bid process. LICENSEE shall be permitted to supplement Licensor's invitation to bid list to include contractors designated by LICENSEE. A jointly conducted physical inventory shall be taken no more frequently than once every three years; provided, however, that Licensor may request and require a jointly conducted physical inventory to be taken more frequently in the event of a default by LICENSEE in the performance of its obligations hereunder. If the facilities of more than one joint-user are inventoried, each such joint-user shall contribute a proportionate share of the costs of such inventory. (C) As an alternative to performance of the jointly conducted physical inventory, the Parties may, if mutually agreed, determine the number of attachments from existing maps and/or attachment records provided that such maps or records exist and provided that each Party agrees that results with reasonable accuracy can be achieved. If the Parties agree to this method, any maps and/or records belonging to one of the Parties and utilized to count attachments, shall be made accessible to the other Party and the number of attachments shall be determined through a mutual and cooperative effort of both Parties. The results of attachment counts performed in this manner shall be treated, for the purpose of determining rentals and other charges due for unauthorized attachments, as if results were achieved by an actual jointly conducted physical inventory.

Facilities Inventory. (A) LICENSEE and Licensor acting in cooperation for purposes of rendering bills, shall tabulate the total number of LICENSEE attachments on Licensor poles and in Licensor conduits. This tabulation, shall be based on a perpetual inventory of permits. (B) Licensor shall have the right to require a jointly conducted physical inventory of LICENSEE’ attachments on Licensor poles upon ninety (90) days advance written notice. In such event, Licensor hereby agrees to select an independent contractor for the performance of such physical inventory through a competitive bid process. LICENSEE shall be permitted to supplement Licensor's invitation to bid list to include contractors designated by LICENSEE. A jointly conducted physical inventory shall be taken no more frequently than once every three years; provided, however, that Licensor may request and require a jointly conducted physical inventory to be taken more frequently in the event of a default by LICENSEE in the performance of its obligations hereunder. If the facilities of more than one joint-user are inventoried, each such joint-user shall contribute a proportionate share of the costs of such inventory. (C) As an alternative to performance of the jointly conducted physical inventory, the Parties may, if mutually agreed, determine the number of attachments from existing maps and/or attachment records provided that such maps or records exist and provided that each Party agrees that results with reasonable accuracy can be achieved. If the Parties agree to this method, any maps and/or records belonging to one of the Parties and utilized to count attachments, shall be made accessible to the other Party and the number of attachments shall be determined through a mutual and cooperative effort of both Parties. The results of attachment counts performed in this manner shall be treated, for the purpose of determining rentals and other charges due for unauthorized attachments, as if results were achieved by an actual jointly conducted physical inventory.determining