Common use of Utility Facilities Clause in Contracts

Utility Facilities. 12.1 Licensee covenants and agrees (as a specific condition of this Agreement) that Licensee and Licensee's agents, contractors, employees, invitees, and customers will not, under any circumstances whatsoever, touch, handle, tamper with or contact directly or indirectly, any of UTILITY's facilities at.her than the UTILITY Pole, without the express written consent of UTILITY, which consent UTILITY may withhold in its sole and absolute discretion. Licensee covenants and agrees that UTILITY shall not be held responsible for, and UTILITY is hereby expressly relieved from all liability by reason of injury (including death) or damage of any nature whatsoever to Licensee, or to its agents, contractors, employees, invitees, customers and others who are on the UTILITY Poles under, through or by the authority of Licensee, or to property in, upon or about the UTILITY Poles, except if such liability results from the sole negligence or willful misconduct of UTILITY. Licensee further hereby releases and waives any right to ask for and demand damages of any nature or kind for any matter or thing, however caused. In the event of a casualty or loss which results in the damage or destruction of UTILITY's facilities to which Licensee's Equipment is attached or located, UTILITY shall have no obligation hereunder to rebuild or restore the UTILITY's facilities; provided that if the UTILITY elects not to rebuild or restore UTILITY's facilities, the Permit in question shall immediately terminate. UTILITY reserves the right to make periodic inspections of the entire plant of Licensee located on UTILITY Poles, or a portion of that plant, as often as conditions warrant. If UTILITY determines that corrections or changes need to be made in order to meet the NESC or UTILITY's service or operating requirements, including, but not limited to considerations of economy and safety, Licensee agrees that it will cause such corrections or changes to be made at its own expense, within thirty (30) days, or as mutually agreed. Licensee shall reimburse UTILITY for the cost of any damage to UTILITY Poles or UTILITY facilities caused by Licensee or its contractors within thirty (30) days of receipt of a bill therefor.

Utility Facilities. 12.1 Licensee covenants and agrees (as a specific condition of this Agreement) that Licensee and Licensee's agents, contractors, employees, invitees, and customers will not, under any circumstances whatsoever, touch, handle, tamper with or contact directly or indirectly, any of UTILITY's facilities at.her other than the UTILITY Pole, without the express written consent of UTILITY, which consent UTILITY may withhold in its sole and absolute discretion. Licensee covenants and agrees that UTILITY shall not be held responsible for, and UTILITY is hereby expressly relieved from all liability by reason of injury (including death) or damage of any nature whatsoever to Licensee, or to its agents, contractors, employees, invitees, customers and others who are on the UTILITY Poles under, through or by the authority of Licensee, or to property in, upon or about the UTILITY Poles, except if such liability results from the sole negligence or willful misconduct of UTILITY. Licensee further hereby releases and waives any right to ask for and demand damages of any nature or kind for any matter or thing, however caused. In the event of a casualty or loss which results in the damage or destruction of UTILITY's facilities to which Licensee's Equipment is attached or located, UTILITY shall have no obligation hereunder to rebuild or restore the UTILITY's facilities; provided that if the UTILITY elects not to rebuild or restore UTILITY's facilities, the Permit in question shall immediately terminate. UTILITY reserves the right to make periodic inspections of the entire plant of Licensee located on UTILITY Poles, or a portion of that plant, as often as conditions warrant. If UTILITY determines that corrections or changes need to be made in order to meet the NESC or UTILITY's service or operating requirements, including, but not limited to considerations of economy and safety, Licensee agrees that it will cause such corrections or changes to be made at its own expense, within thirty (30) days, or as mutually agreed. Licensee shall reimburse UTILITY for the cost of any damage to UTILITY Poles or UTILITY facilities caused by Licensee or its contractors within thirty (30) days of receipt of a bill therefor.

Utility Facilities. 12.1 13.1 Licensee covenants and agrees (as a specific condition of this Agreement) that Licensee and Licensee's agents, contractors, employees, invitees, and customers will not, under any circumstances whatsoever, touch, handle, tamper with or contact directly or indirectly, any of UTILITY's facilities at.her other than the UTILITY Pole, without the express written consent of UTILITY, which consent UTILITY may withhold in its sole and absolute discretion. Licensee covenants and agrees that UTILITY shall not be held responsible for, and UTILITY is hereby expressly relieved from all liability by reason of injury (including death) or damage of any nature whatsoever to Licensee, or to its agents, contractors, employees, invitees, customers and others who are on the UTILITY Poles under, through or by the authority of Licensee, or to property in, upon or about the UTILITY Poles, except if such liability results from the sole negligence or willful misconduct of UTILITY. Licensee further hereby releases and waives any right to ask for and demand damages of any nature or kind for any matter or thing, however caused. In the event of a casualty or loss which results in the damage or destruction of UTILITY's facilities to which Licensee's Equipment is attached or located, UTILITY shall have no obligation hereunder to rebuild or restore the UTILITY's facilities; provided that if the UTILITY elects not to rebuild or restore UTILITY's facilities, the Permit in question shall immediately terminate. UTILITY reserves the right to make periodic inspections of the entire plant of Licensee located on UTILITY Poles, or a portion of that plant, as often as conditions warrant. If UTILITY determines that corrections or changes need to be made in order to meet the NESC or UTILITY's service or operating requirements, including, but not limited to considerations of economy and safety, Licensee agrees that it will cause such corrections or changes to be made at its own expense, within thirty (30) days, or as mutually agreed. Licensee shall reimburse UTILITY for the cost of any damage to UTILITY Poles or UTILITY facilities caused by Licensee or its contractors within thirty (30) days of receipt of a bill ▇▇▇▇ therefor.