Common use of Pole Replacement Clause in Contracts

Pole Replacement. (a) Subject to Section 7.6(f), if a Municipal Facility needs replacement or repair due to a traffic accident or deterioration, Licensee shall have the right to immediately replace the same at Licensor’s reasonable cost, not to exceed the charges the City would normally have incurred from its third party vendor. In such event, Licensor shall reimburse Licensee within thirty (30) days of Licensee’s receipt of an invoice. However, in the event Licensee elects in writing to have Licensor replace the Municipal Facility, Licensor shall perform such replacement within thirty (30) days thereafter, and Licensee shall cooperate with Licensor to temporarily relocate its Small Cell Equipment, if necessary. Upon completion of the replacement, Licensor shall notify Licensee in order for Licensee to install its Small Cell Equipment. Licensor shall retain ownership of the Replacement Pole. (b) At Licensee’s option, Licensee may provide to Licensor, at Licensee’s cost, a spare pole sufficient to serve as a Replacement Pole, which will be stored at Licensor’s Public Works Yard (the “Yard”) at no cost to Licensee, and which will be available for use by Licensor and Licensee to replace the Municipal Facility as provided in this Section 7.6. (c) In the event Licensee provides a spare pole, and elects in writing to have Licensor perform the replacement, Licensor will use the spare pole to replace the damaged existing pole within thirty (30) days of notice of the need for the replacement, and shall deliver the damaged pole and any damaged Small Cell Equipment to the Yard. In such an event, Licensor shall have ownership of the Replacement Pole. (d) Licensor will contact Licensee to pick up the damaged Small Cell Equipment and Licensee can reinstall its Small Cell Equipment once the Replacement Pole is installed and functioning as a Municipal Facility. (e) Licensee shall have the right to temporarily use a Municipal Facility for its operation during the replacement period at a location reasonably acceptable to both Licensor and Licensee. (f) 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, and Licensee shall be responsible for the cost of the Replacement Pole in excess of the cost of a standard pole.

Pole Replacement. (a) Subject to Section 7.6(fParagraph 7.3(f), if a Municipal Facility needs replacement or repair due to damage, including a traffic accident or deterioration, Licensor shall perform maintenance or repair as soon as reasonably possible. Licensor may allow Licensee shall have the right to immediately replace the same perform maintenance or replacement at Licensor’s reasonable cost, not to exceed the charges the City would normally have incurred from its third party vendorsole discretion. In such event, Licensor shall reimburse Licensee in an amount up to the cost Licensor would pay to perform the same work within thirty forty- five (3045) days of LicenseeLicensor’s receipt of an invoice. However, in the event Licensee elects in writing to have Licensor replace the Municipal Facility, Licensor shall perform such replacement within thirty (30) days thereafter, and Licensee shall cooperate with Licensor to temporarily relocate its Small Cell Equipment, if necessary. Upon completion of the replacement, Licensor shall notify Licensee in order for Licensee to install its Small Cell Equipment. Licensor shall retain ownership of the Replacement Pole. (b) At If mutually acceptable to Licensor and Licensee’s option, Licensee may provide to Licensor, at Licensee’s cost, a one (1) spare pole sufficient to serve as a Replacement Pole, which will be stored at Licensor’s Public Works Yard (designated storage area at the “Yard”) Water and Power Department Service at no cost to Licensee, and which will be available for use by Licensor and Licensee as part of Licensor’s inventory or stock to replace the a Municipal Facility as provided in this Section 7.67.3. (c) In the event Licensee provides a spare pole, and elects in writing to have Licensor perform lieu of Licensee performing the replacement, Licensor will may use the spare pole to replace the damaged existing pole pole, including damage done by a traffic accident or deterioration, within thirty (30) days of notice of the need for the replacement, and shall deliver the damaged pole and any damaged Small Cell Equipment equipment to the YardWater and Power Department Service Center. In such an event, Licensor shall have ownership of the Replacement Pole. (d) Licensor will contact Licensee to pick up the damaged Small Cell Equipment and Licensee can reinstall its Small Cell Equipment equipment once the Replacement Pole replacement pole is installed and functioning as a Municipal Facility. (ed) Licensor shall permit Licensee shall have the right to temporarily use utilize a Municipal Facility temporary location for its operation during the replacement period at a location reasonably acceptable to both Licensor and Licensee. Licensee shall be responsible for all costs associated with such relocation, including moving the Equipment to and from the temporary location. (fe) 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, and Licensee shall be responsible for the cost of the Replacement Pole in excess of the cost of a standard pole, and for all 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.