Underground Conversion Clause Samples

Underground Conversion. With respect to those portions of the Franchise Area served by Franchisee where City has provided written notice that all of the transmission or distribution facilities of all public utilities shall be moved underground, Franchisee shall remove and replace overhead Facilities with underground Facilities at the request of the City. Cost responsibility shall be allocated in accordance with all applicable Oregon Administrative Rules and a schedule agreed upon by the City and Franchisee. The City shall require that each Subscriber served from the existing overhead Facilities shall make all facility changes to the Subscriber’s premises in accordance with Franchisee’s policies and standards necessary to receive service from the underground Facilities as soon as they become available.

Underground Conversion. Upon written notice, Licensee agrees to relocate or re-route its Attachments in the event SMEU facilities are removed from a Pole and re-routed through underground conduits and such Pole should be abandoned and removed. Licensee agrees to bear all Costs associated with relocation or re-routing its Attachments. SMEU shall be under no obligation to maintain any Poles that no longer support SMEU supply lines and may remove Licensee’s Attachments when removing the abandoned Pole at Licensee’s sole Cost and risk. SMEU will afford Licensee the opportunity to relocate underground, at Licensee’s expense, where reasonably practicable.