Replacement Poles Sample Clauses
The Replacement Poles clause outlines the procedures and responsibilities for substituting utility or structural poles that are damaged, obsolete, or otherwise require replacement. Typically, this clause specifies which party is responsible for providing, installing, and maintaining the new poles, as well as the timeline and standards for the replacement process. By clearly defining these obligations, the clause ensures continuity of service and safety, while minimizing disputes over responsibility and cost allocation when poles need to be replaced.
Replacement Poles. When Licensee and the Town have agreed on an existing location as a suitable site for Equipment, but the existing Town-owned pole or street light needs to be replaced to accommodate the Equipment, then Licensee shall pay all costs of replacement, including without limitation installation of the replacement pole or street light (the "Replacement Pole"), transfer of the streetlight fixtures, traffic signal, and other items attached to the existing pole to the Replacement Pole, and removal and salvage of the existing pole or street light. Payment of such costs does not provide Licensee with any ownership interest in the Replacement Pole, and the Town will be deemed to own the original pole and the Replacement Pole.
Replacement Poles. Where Grantee is unable to place an Attachment on a Town Pole because such Pole is not currently suitable for Grantee’s desired Attachment, whether due to decay, damage, deterioration, lack of available pole space or pole height, or in any other way not suitable for Attachment (an “Inadequate Pole”), as determined solely by the Town in its discretion, Grantee may, at its option, arrange for the repair or replacement of such Inadequate Pole, at Grantee’s sole cost and upon Town prior written approval. If the Inadequate Pole is replaced, its replacement pole shallbecome a Town “Replacement Pole.”
Replacement Poles. 5.1 The Parties agree to consider requests by MTF Franchisees to replace an Existing Pole at the site of an Existing Pole with a new Parks Street Operations Pole (“Replacement Poles”) on City owned Streets, within NYC Parkland.
5.2 Predicate actions for review and potential installation may include, but are not limited to, stakeholder engagement, a design challenge, design reviews by Parks, preliminary siting reviews, PDC and/or LPC review, City Environmental Quality Review (CEQR) analysis, or a similar effort and/or issuance of a Request for Information. Upon 90 days’ notice to OTI, ▇▇▇▇▇ reserves the right to modify the required predicate actions and request review process.
5.3 Design of any Replacement Poles must receive prior Parks and, if required, PDC and LPC approval, and such approvals are subject to additional design, conditions or siting criteria.
5.4 Each Replacement Pole installed on NYC Parkland will be considered only where the MTF Franchisee can demonstrate to OTI, with sufficient documentation and to OTI’s satisfaction, an extraordinary and critical need for such a site to ensure telecommunications coverage and subject to Section 5.5.
5.5 Parks may, in its sole discretion, deny or place conditions upon any installation on a Replacement Pole in Parks’ jurisdiction.
5.6 Among other things, 1) Replacement Poles must include a lighting or traffic element as required by the Mobile Telecommunications Franchise Agreement, 2) title must state that the Replacement Pole is the property of the City, 3) Replacement Poles must be procured and installed at the sole expense of the MTF Franchisee, and 4) Replacement Poles must be located on sidewalks adjacent to City-owned streets, whether such streets are in parks or adjacent to the parks.
5.7 Notwithstanding the foregoing sections, Parks may deny the concept of Replacement Poles in any or all parks or at any location within a park or on NYC Parkland.
5.8 A Parks permit for the installation of a Replacement Pole is required and may be revoked by Parks or OTI. In the event a Parks permit is revoked, OTI and MTF Franchisees may, in OTI’s discretion and consistent with the franchise agreement, collaborate to identify a potential alternative Replacement Pole location.
Replacement Poles. When VZW and the City have agreed on an existing City Pole location as a suitable site for a PWSF, but the existing Pole needs to be replaced to accommodate the PWSF, then the following will apply:
3.2.1 VZW shall pay all costs related to Pole replacement, including but not limited to Pole replacement, transfer of all existing facilities, and removal and salvage of the existing pole to the City of Tempe. Payment of Pole replacement costs does not provide VZW with any ownership interest in the replaced Pole.
3.2.2 Any replacement Pole will need to conform to the height restrictions imposed by the City and the arm height of the street light must conform to the existing arm height of the other street light structures in the adjacent area. The Pole will also need to conform to the Tempe Supplement to the M.A.G. Uniform Standard Details and Specifications for Public Works Construction.
3.2.3 If the replacement Pole is damaged by VZW and needs to be replaced, VZW shall replace the Pole entirely at its expense within fourteen (14) days of the discovery of the damage. If the damage is caused by a third party, VZW will replace the Pole within fourteen (14) days of the discovery of the damage and City will reimburse VZW the cost of a standard Pole.
3.2.4 All performance required by VZW under this entire Section 3.2 shall be at VZW’s expense. City will own the original pole and all replacement poles.
3.2.5 The re-installation of a PWSF shall be at VZW’s sole cost and expense.
3.2.6 These requirements to not diminish the plans approval or any other requirement of this Agreement.