POLE REPLACEMENTS AND REARRANGEMENTS Sample Clauses

POLE REPLACEMENTS AND REARRANGEMENTS. Upon receipt of an application for a pole license, Licensor or Licensor’s designee will make appropriate Make-Ready Survey of the poles listed therein in consultation with any Joint Users and, if the Licensee shall so desire, with the Licensee's representatives. The Licensor and Joint User shall determine, among other things, whether, in order to accommodate the attachments of the Licensee, any rearrangements or changes are necessary in the facilities, including guying and anchoring, of the Licensor or of other Joint Users or of others with attachment rights, and whether any poles require replacement by taller or stronger poles, all such work and other work required in connection therewith being sometimes hereinafter referred to as "Physical Make-Ready Work." The Licensor shall notify the Licensee as to which poles are available without Physical Make-Ready Work; those poles upon which Physical Make-Ready Work is required together with a description of the Physical Make-Ready Work and cost thereof; the exact location on the poles where Licensee's attachment shall be made; the cost of making the Make-Ready Survey and determining the cost of the Physical Make-Ready Work; all items being listed on the form of the licensee Exhibit #5 annexed. In the event a Make-Ready Survey indicates a pole loading analysis is required due to the Licensee’s request for attachment, the Licensor will provide the Licensee with a proposal for such analysis for the Licensee’s review and acceptance. Upon acceptance and receipt of advance payment from the Licensee, the Licensor will perform the pole loading analysis. Upon acceptance of the items shown on the form of the license and the disposition from any required pole loading analysis, the Licensor will xxxx the Licensee for the required Physical Make-Ready Work items, and said payment shall be made within thirty days from the date on the xxxx. However, the Licensor reserves the right to assign the pole loading analysis to its engineering contractor or to the Licensee to hire and accepted National Grid engineering contractor to perform the pole loading analysis in accordance with Attachment 4 of the National Grid Distribution Pole Aerial Third Party Attachment Requirements. National Grid shall review and accept all pole loading analyses performed by an engineering contractor hired either by National Grid or the Licensee. The Licensee will be responsible for the Cost of the pole loading analysis review in advance of National Grid pe...
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POLE REPLACEMENTS AND REARRANGEMENTS. (a) Licensor reserves the right to refuse to grant a license for the attachment to its poles or anchors when Licensor determines, in its judgment, that the communication space on such pole is required for its exclusive use or that the pole or anchor may not reasonably be rearranged or replaced.

Related to POLE REPLACEMENTS AND REARRANGEMENTS

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  • Business Arrangements Except as disclosed in the Registration Statement, the Time of Sale Disclosure Package and the Prospectus, neither the Company nor any of its subsidiaries has granted rights to develop, manufacture, produce, assemble, distribute, license, market or sell its products to any other person and is not bound by any agreement that affects the exclusive right of the Company or such subsidiary to develop, manufacture, produce, assemble, distribute, license, market or sell its products.

  • Contracts Affecting Capital There are no transactions, arrangements or other relationships between and/or among the Company, any of its affiliates (as such term is defined in Rule 405 of the Securities Act Regulations) and any unconsolidated entity, including, but not limited to, any structured finance, special purpose or limited purpose entity that could reasonably be expected to materially affect the Company’s or its Subsidiaries’ liquidity or the availability of or requirements for their capital resources required to be described or incorporated by reference in the Registration Statement, the Pricing Disclosure Package and the Prospectus which have not been described or incorporated by reference as required.

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  • Leasing Arrangements From the Effective Date through Closing (the "Contract Period"), without Purchaser's prior written consent in each instance, Seller will not amend or terminate any existing Lease or enter into any new Lease without Purchaser's prior written consent (which may be given or withheld in its sole and absolute discretion). Without limitation thereon, any and all Leases to be entered into during the Contract Period shall be on Seller's standard lease form delivered to Purchaser and otherwise on terms and conditions acceptable to Purchaser. If Purchaser fails to grant or withhold its consent to any proposed Lease within five (5) days of receipt thereof, Purchaser shall be deemed to have consented to such Lease. Notwithstanding anything contained herein to the contrary, Purchaser's consent shall not be required with respect to any renewal Lease or consent to a sublease or assignment of Lease which Seller, as a matter of law or by a Lease, shall be required to deliver. Notwithstanding anything to the contrary contained in this Agreement, Seller reserves the right, but is not obligated, to institute summary proceedings against any Tenant or terminate any Lease as a result of a default by the tenant thereunder prior to the Closing Date. Seller makes no representations and assumes no responsibility with respect to the continued occupancy of the Property or any part thereof by any Tenant. The removal of a Tenant prior to the Closing Date, whether by summary proceedings (or any written agreement accepting surrender or termination of the Lease subsequent to the commencement of such summary proceedings) or unilateral act of such Tenant, shall not give rise to any claim on the part of Purchaser; provided, however, Purchaser shall have the right within ten (10) days of the removal of any Tenant as Purchaser's sole and exclusive remedy, to terminate this Agreement and receive a refund of any portion of the Xxxxxxx Money Deposit previously tendered by Purchaser to the Escrow Agent, whereupon this Agreement shall terminate and the parties shall have no further rights and obligations to one another except for those obligations expressly stated herein to survive. If Purchaser fails to terminate this Agreement within such ten (10) day period, Purchaser shall be deemed to have waived its right to terminate pursuant to this Section 7.1(e) and Purchaser shall proceed to Closing without credit against, or reduction of, the Purchase Price.

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