Common use of Overlashing Clause in Contracts

Overlashing. (a) Any Overlashing by Attacher shall comply with Codes and Pole Owner Practices, but shall not be subject to a separate Pole Attachment License Fee. Attacher shall provide 15 days written notice to Pole Owner of plans to overlash and shall include with said notice an engineering plan and specifications of line proposed to be overlashed showing conformity with technical requirements and specifications set forth in Section 8. Within said 15 days, Owner shall notify Attacher and provide specific documentation of the issue if Owner feels in its discretion that there is insufficient capacity on the pole for the overlash, the overlash is inconsistent with applicable engineering practices, or the overlash would compromise the pole’s safety and reliability, in which case Attacher shall modify or otherwise address the issue to the satisfaction of the Owner prior to overlashing. (b) Attacher shall not Overlash to facilities that are no longer in service. Attacher shall remove its facilities that are no longer in service and not abandon such Attachments on Pole Owner’s Poles. (c) Any Overlashing that does not comply with the terms of this Agreement shall be considered an Unpermitted Attachment, subject to the Unpermitted Attachment Fee in Section 10 (d) Any Overlashing that does not conform to the technical requirements and specifications pursuant to Section 8 shall be considered a Safety Violation and the Attacher shall have forty-five (45) days from the date of the Safety Violation Notice to take corrective action. If Attacher fails to take corrective action, Attacher shall pay a Safety Violation Fee for each occurrence of Overlashing that receives a Safety Violation Notice and Pole Owner in its sole discretion may elect to bring such Attachments into compliance by Transfer, removal or Rearrangement of such Attachment, or make such other adjustment as may be necessary, without prior Notice and at Attacher’s expense.

Overlashing. (a) Any A Permit shall be obtained for each Overlashing. Absent such authorization, Overlashing by Attacher constitutes an unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fees as specified in these Joint Use Rules and Regulations. In the event of an emergency or for general maintenance purposes, Licensee may Overlash its equipment without obtaining a Permit prior to Overlashing. Such Overlashed cable shall comply with Codes not constitute an unauthorized Attachment and Pole Owner Practices, but shall not be subject to the Unauthorized Attachment Inspection Fees specified in these Joint Use Rules and Regulations. Such Overlashed cable shall not exceed four (4) span lengths per incident and shall be subject to all other terms and conditions of the Pole Attachment License Agreement including inspection by the District pursuant to Licensee Overlashing. Licensee shall provide written notice to the District of all such emergency or general maintenance Overlashing allowed by this paragraph within twenty (20) days of completion of work. If Licensee demonstrates that the Overlashing of Licensee’s Attachment(s) is required to accommodate Licensee’s communications facilities, the District shall not withhold Permits for such Overlashing if it can be done consistent with the Permit issuance conditions as follows: that (i) it has sufficient capacity to accommodate the requested Attachment(s), (ii) Permitting the Attachment(s) is consistent with safety and reliability, and (iii) Licensee meets all generally applicable engineering standards and practices. Overlashing performed pursuant to this paragraph shall not increase the annual Pole Attachment Rate and fees. Licensee, however, shall be responsible for all Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate annual Pole Attachment Rate and fees for such Overlashed Attachment. If Overlashing is required to accommodate facilities of a third party, such third party must enter into a Pole Attachment License Agreement with the District and obtain Permits and must pay a separate Pole Attachment License Fee. Attacher shall provide 15 days written notice to Pole Owner of plans to overlash Rate and shall include with said notice an engineering plan and specifications of line proposed to be overlashed showing conformity with technical requirements and specifications set forth in Section 8. Within said 15 days, Owner shall notify Attacher and provide specific documentation of the issue if Owner feels in its discretion that there is insufficient capacity on the pole for the overlash, the overlash is inconsistent with applicable engineering practices, or the overlash would compromise the pole’s safety and reliability, in which case Attacher shall modify or otherwise address the issue fees pursuant to the satisfaction Joint Use Rules and Regulations as well as the costs of all necessary Make- Ready Work required to accommodate the Owner prior Overlashing. No such Permits to overlashing. (b) Attacher third parties may be granted by the District allowing Overlashing of Licensee’s communications facilities unless Licensee has consented in writing to such Overlashing. Overlashing performed under this paragraph shall not Overlash increase the Rate and fees and charges paid by Licensee. Nothing shall prevent Licensee from seeking a contribution from an Overlashing third party to facilities that are no longer in servicedefray Rate, fees and charges paid by Licensee. Attacher Make-Ready Work procedures shall remove its facilities that are no longer in service and not abandon such Attachments on Pole Owner’s Poles. (c) Any Overlashing that does not comply with the terms of this Agreement shall be considered an Unpermitted Attachmentapply, subject to the Unpermitted Attachment Fee in Section 10 (d) Any Overlashing that does not conform to the technical requirements and specifications pursuant to Section 8 shall be considered a Safety Violation and the Attacher shall have forty-five (45) days from the date of the Safety Violation Notice to take corrective action. If Attacher fails to take corrective action, Attacher shall pay a Safety Violation Fee for each occurrence of Overlashing that receives a Safety Violation Notice and Pole Owner in its sole discretion may elect to bring such Attachments into compliance by Transfer, removal or Rearrangement of such Attachment, or make such other adjustment as may be necessary, without prior Notice and at Attacher’s expenseto all Overlashing.

Overlashing. (a) Advance Notice of OverLashing Required. Licensee must provide fifteen (15) days advance written notice, utilizing Verizon’s forms, to Verizon and all Existing Attachers on the affected Pole(s) prior to either (a) Overlashing on its own Attachments, (b) allowing a Third Party Overlash on Licensee’s Attachments or (c) Overlashing on a third party’s Attachments. Verizon will notify Licensee if the proposed Overlashing will create a capacity, safety, reliability or engineering issue and Licensee must address any identified issues with Verizon prior to continuing with the Overlash (whether the Overlash is being done by Licensee or a third party). If Verizon determines that Make-Ready Work is required prior to the Overlash, then Verizon will provide Licensee with written notification of any Make-Ready Work required and an itemized ▇▇▇▇ for the Make-Ready Work within the fifteen (15) day notice period. Verizon will perform the Make-Ready Work following its receipt of Licensee’s payment of the invoiced amount and will complete the Make-Ready Work in compliance with applicable law. Any Overlashing work required to correct pre-existing non-compliance not caused by Attacher shall comply with Codes and Pole Owner Practices, but shall Licensee will not be subject charged to Licensee. Final Cost. After Make-Ready is complete, if the final cost differs from the estimate, Verizon will provide Licensee with a separate Pole Attachment License Fee. Attacher shall provide 15 days written notice to Pole Owner of plans to overlash and shall include with said notice an engineering plan and specifications of line proposed to be overlashed showing conformity with technical requirements and specifications set forth in Section 8. Within said 15 days, Owner shall notify Attacher and provide specific documentation final invoice of the issue if Owner feels in its discretion that there is insufficient capacity on the pole for the overlash, the overlash is inconsistent with applicable engineering practices, or the overlash would compromise the pole’s safety and reliability, in which case Attacher shall modify or otherwise address the issue to the satisfaction of the Owner prior to overlashingactual Make-Ready Charges incurred. (b) Attacher Licensee is solely responsible for its equipment and Attachments and shall not Overlash ensure that all Overlashing, including all Third Party Overlashing, complies with Article 7. Licensee is solely liable for all damage to facilities a Pole(s) or other existing attachment on a Pole(s) that are no longer in service. Attacher is caused by the Overlashing, including all Third Party Overlashing, and any Overlashing, including all Third Party Overlashing, that causes a safety issue or violates Article 7 and Licensee shall remove be liable, at its facilities that are no longer in service and not abandon such Attachments on Pole Owner’s Polessole expense, to make repairs. (c) Any Post-Overlashing Review. Licensee shall notify Verizon within fifteen (15) days after completion of an Overlash that does not comply such Overlash is complete. If Licensee allowed a Third Party Overlash, then both Licensee and the third party must ensure that required notifications are sent to Verizon. Verizon shall have at least ninety (90) days after receipt of notice from Licensee to perform a Post-Construction Inspection. In the event that Verizon discovers any damage to the Pole(s) or equipment, safety violations or noncompliance with the terms Specifications caused by the Overlash, including a Third Party Overlash, Verizon will notify Licensee of this Agreement shall be considered an Unpermitted Attachmentthe damage, subject safety issue and/or noncompliance. Verizon may either (a) complete any necessary remedial work and invoice Licensee for the associated costs, (b) require Licensee to fix the Unpermitted Attachment Fee in Section 10 damage or noncompliance at its sole expense within fourteen (d) Any Overlashing that does not conform to the technical requirements and specifications pursuant to Section 8 shall be considered a Safety Violation and the Attacher shall have forty-five (4514) days from of receipt of notice or (c) require Licensee to immediately remove the date of the Safety Violation Notice to take corrective action. If Attacher fails to take corrective action, Attacher shall pay a Safety Violation Fee for each occurrence of Overlashing that receives a Safety Violation Notice and Pole Owner in its sole discretion may elect to bring such Attachments into compliance by Transfer, removal or Rearrangement of such AttachmentOverlash, or make such other adjustment as may be necessaryThird Party Overlash. It is Licensee’s responsibility to seek any reimbursement, without prior Notice and at Attacher’s expenseif applicable, from a third party for any damage or noncompliance caused by a Third Party Overlash.