Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole and shall notify the Pole Owner when such transfer has been completed. In the event such transfer is not completed within thirty (30) days after the time specified in the notice given by the Pole Owner indicating that the pole is ready for Licensee to transfer its Equipment (which time shall not begin until after the parties located above the Licensee on the pole have removed or moved their facilities), Pole Owner may transfer Licensee’s Equipment from the replaced pole to the replacement pole in a reasonable manner consistent with industry practices upon Licensee’s failure to transfer its Equipment within the above mentioned thirty (30) days notice, and Licensee will reimburse Pole Owner for all actual costs incurred. If the Licensee performs any work for the Pole Owner to facilitate Pole Owner’s responsibilities in completion of the above work or in cases of emergency work, including without limitation transferring other equipment, setting or lowering poles, digging holes, or hauling poles, the Pole Owner shall pay to Licensee, upon receipt of an invoice, the cost of such work. When setting a pole requires entering the electric utility space, the setting of the pole must be performed by a qualified electric contractor approved by the electric utility pursuant to Section 3.05, or may be performed by a licensed electrical engineer employed by Licensee upon prior approval of the electric utility. In the event Licensee desires to maintain its facilities on a pole that Pole Owner plans to replace, move or relocate, Pole Owner and Licensee may agree to transfer title of the pole upon agreeable terms and conditions. Upon receipt of a xxxx of sale or other legal transfer document, Licensee shall assume ownership of the original pole ...
Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed and the approximate time of such proposed replacement or relocation. Licensee may request that a pole be reset in the same location and Pole Owner shall attempt to do so when feasible, provided that the cost of accommodating this request shall be borne by Licensee. The Licensee shall promptly arrange to transfer its Equipment to the new pole and shall notify the Pole Owner when such transfer has been completed. In the event such transfer is not completed within thirty
Relocation of Joint Poles Required For Maintenance Purposes. Whenever it is necessary to replace, move, reset, or relocate a jointly used pole for maintenance purposes, the Pole Owner thereof shall, before making such replacement, move, or relocation, give written notice thereof to Licensee (except in case of emergency, when oral notice shall be given if practicable and subsequently confirmed in writing), specifying in such notice the work to be performed
