Common use of Option to Purchase Abandoned Poles Clause in Contracts

Option to Purchase Abandoned Poles. Should District desire to abandon any Pole, District, in its sole discretion, may grant Licensee the option of purchasing such Pole at a rate, which is the value in place, at that time, of such abandoned Pole. Licensee must notify District in writing within 30 calendar days of the date of District’s notice of abandonment that Licensee desires to purchase the abandoned Pole. Thereafter, Licensee must also secure and deliver proof of all necessary governmental approvals and easements allowing Licensee to independently own and access the Pole within 45 calendar days. Should Licensee fail to secure the necessary governmental approvals, or should District and Licensee fail to enter into an agreement for Licensee to purchase the Pole prior to the end of the 45 calendar days, Licensee must remove its Attachments as required under Article 10.1. District is under no obligation to sell Licensee Poles that it intends to remove or abandon.

Appears in 3 contracts

Samples: Pole Attachment License Agreement, Pole Attachment Service Agreement, Pole Attachment License Agreement

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Option to Purchase Abandoned Poles. Should District desire to abandon any Pole, District, in its sole discretion, may grant Licensee the option of purchasing such Pole at a rate, which is the value in place, at that time, of rate and under such abandoned Poleterms negotiated with District. Licensee must notify District in writing within 30 thirty (30) calendar days of the date of District’s notice of abandonment that Licensee desires to purchase the abandoned Pole. Thereafter, Licensee must also secure and deliver proof of all necessary governmental approvals and easements allowing Licensee to independently own and access the Pole within 45 forty-five (45) calendar days. Should Licensee fail to secure the necessary governmental approvals, or should District and Licensee fail to enter into an agreement for Licensee to purchase the Pole prior to the end of the 45 forty-five (45) calendar days, Licensee must remove its Attachments as required under Article Paragraph 10.1. District is under no obligation to sell Licensee Poles that it intends to remove or abandon. Any purchase by Licensee of Poles in accordance with this Article 10 shall be subject to the release and hold harmless provisions of Paragraph 16.5.

Appears in 2 contracts

Samples: Pole Attachment License Agreement, Pole Attachment License Agreement

Option to Purchase Abandoned Poles. Should District Utility desire to abandon any Pole, DistrictUtility, in its sole discretion, may grant Licensee the option of purchasing such Pole at a rate, which is the value in place, at that time, of such abandoned Polerate negotiated with Utility. Licensee must notify District Utility in writing within 30 thirty (30) calendar days of the date of DistrictUtility’s notice of abandonment that Licensee desires to purchase the abandoned Pole. Thereafter, Licensee must also secure and deliver proof of all necessary governmental approvals and easements allowing Licensee to independently own and access the Pole within 45 forty-five (45) calendar days. Should Licensee fail to secure the necessary governmental approvals, or should District Utility and Licensee fail to enter into an agreement for Licensee to purchase the Pole prior to the end of the 45 forty-five (45) calendar days, Licensee must remove its Attachments as required under Article Paragraph 10.1. District is under no obligation Nothing in this Agreement shall be construed to require Utility to sell Licensee Poles that it Utility intends to remove or abandon.

Appears in 1 contract

Samples: Pole Attachment License Agreement

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Option to Purchase Abandoned Poles. Should District Utility desire to abandon any Pole, DistrictUtility may, in its sole discretion, may grant Licensee the option of purchasing such Pole at a rate, which is the value in place, at that time, of such abandoned Poleprice to be negotiated with Utility. Licensee must notify District Utility in writing within 30 thirty (30) calendar days of the date of DistrictUtility’s notice of abandonment that Licensee desires to purchase the abandoned Pole. Thereafter, Licensee must also secure and deliver proof of all necessary governmental approvals and easements allowing Licensee to independently own and access the Pole within 45 forty-five (45) calendar days. Should Licensee fail to secure the necessary governmental approvals, or should District Utility and Licensee fail to enter into an agreement for Licensee to purchase the Pole prior to the end of the 45 within forty-five (45) calendar days, Licensee must remove its Attachments as required under Article Paragraph 10.1. District is under no obligation Nothing in this Agreement shall be construed as requiring Utility to sell Licensee Poles that it Utility intends to remove or abandon.

Appears in 1 contract

Samples: stillwater.org

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