Common use of Pole Replacement Clause in Contracts

Pole Replacement. (a) Subject to Section 7.3(b), if a Municipal Facility with Licensee Equipment needs replacement or repair due to damage, including a traffic accident or deterioration, Licensor may allow Licensee to perform maintenance or replacement a Licensor’s sole discretion, at Licensee’s cost. In the event that neither party elects to repair the Facility, Licensee shall cooperate with Licensor to temporarily relocate its Equipment, if necessary, in a location mutually acceptable to the Parties. Upon completion of the replacement, or repair, Licensor shall notify Licensee in order for Licensee to install its Equipment. (b) In the event Licensor is responsible for replacing the Municipal Facility with a Replacement Pole, Licensor shall only be responsible for the cost of a standard pole, as described in Exhibit B, and Licensee shall be responsible for the cost of the Replacement Pole in excess of the cost of a standard pole, and for all other costs relating to replacement and activation of Equipment on the pole and any ancillary Facilities related to Licensee’s Network. For purposes of this Agreement, a “standard pole” is a pole that meets the minimum requirements to house the Municipal Facility without any of the Small Cell Facilities on the pole as contemplated herein.