Make Ready Pole Modification; Replacements Clause Samples

Make Ready Pole Modification; Replacements. Whenever any Pole to which Licensee seeks to attach its Facilities must be modified or replaced to accommodate both Licensee’s Facilities and Grantor’s existing attachments, as well as the attachments of other pre-existing occupants, or where modification is required by revisions to applicable safety codes, Grantor will provide Licensee with a detailed estimate of make ready work it determines to be necessary to prepare the Pole for Licensee’s Facilities and an estimate of time required for the make ready work. After receiving this estimate, if Licensee still desires to make or continue its Attachments, Licensee shall notify Grantor within fifteen (15) days of receiving such estimate of such continuing desire to attach, and shall pay to Grantor any required advance payment for such make ready work, which may include engineering, materials (including Poles and associated hardware), cost of removal (less any salvage value), and the expense of transferring Grantor’s facilities from the old to the new Poles. Where the advance payment of estimated expenses made to Grantor by Licensee for both make ready work or Pole replacements is less than the cost of work described above, Licensee agrees to pay Grantor all sums due in excess of the amount of the advanced payment. Where the advanced payment of estimated expenses made to Grantor by Licensee exceeds such costs, ▇▇▇▇▇▇▇ agrees to refund the difference to Licensee. Licensee shall also make satisfactory arrangements with the owner or owners of other facilities attached to said Poles for the transfer or rearrangement of such other facilities. Grantor shall commence all requested make ready and Pole replacement work within forty-five (45) days of receiving any work request confirmation and any required advanced payment from Licensee. Work may be performed by a mutually acceptable party if Grantor cannot meet the time frame for make ready work. The Parties shall negotiate a mutually agreeable completion schedule for make-ready and/or Pole replacement work that will require more than forty-five (45) days or is outside of the ordinary and normal course of business.