Pre-existing Attachments Clause Samples
The Pre-existing Attachments clause defines how the agreement treats any liens, security interests, or encumbrances that already exist on the relevant assets or property before the contract takes effect. In practice, this clause typically requires the parties to disclose any such prior claims and may specify whether these attachments will remain in place, be subordinated, or need to be released as a condition of the agreement. Its core function is to ensure transparency and protect the parties from unexpected claims or legal complications arising from undisclosed or unresolved prior interests.
Pre-existing Attachments. Unless otherwise notified, pre‐existing Attachment(s) of Licensee as of the effective date of this Agreement shall be grandfathered with respect to Permitting, but shall be subject to the fees and charges specified in Article 3 in future billing periods. Licensee shall provide District with a list of all known pre‐ existing Attachments within six months of the effective date of this Agreement. All such pre‐existing Attachments shall comply with the terms of this Agreement. Attachments to or rights to occupy Utility Facilities not covered by this Agreement must be separately negotiated.
Pre-existing Attachments. Unless updates or upgrades are required by Applicable Standards, or unless Owner notifies Joint User to the contrary, Joint User shall not be required to obtain Permits for authorized Attachment(s) existing as of the Effective Date of this Agreement. Such grandfathered Attachments shall, however, be subject to the new Attachment Fees specified in Appendix A.
6.4.1 Notwithstanding the foregoing, the City’s records of the Parties’ Poles and Attachments shall serve as the base line list of the number of Joint Use Poles that each Party occupies as of the Effective Date of this Agreement, unless contested by Brightspeed prior to the Effective Date. The Parties will mutually agree on Attachments made after the base line was established and prior to the Effective Date of this Agreement that they will be grandfathered Attachments.