ROW User definition

ROW User means any Person who has an Agreement hereunder with the City.

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ROW User means all Persons or entities, whether a PSC registered utility or otherwise, owning, controlling, leasing, maintaining, using, or installing Facilities within the ROW, not otherwise expressly exempted. To the extent permitted by law, a ROW User shall not include the City.

ROW User means a Person, its successors and assigns, and contractors and sub- contractors, that uses the Right-of-Way for purposes of work, excavation, provision of services, or to install, construct, maintain, repair Facilities thereon, including, but not limited to, landowners and Service Providers. A ROW-user shall not include ordinary vehicular or pedestrian traffic or any Governmental Entity that has entered into an agreement pursuant to K.S.A. 12-2901 et seq. with the City regarding the use and occupancy of the City's Right-of-Way. A ROW-user shall not include any Person performing regular or routine maintenance or tree-trimming, as may be required under Chapter 8 Article 4 or Chapter 13 Article 6 of the Code of Ordinances, in any ROW or easement property which directly adjoins said Person's property.

Examples of ROW User in a sentence

• All construction and Maintenance by the ROW User or its subcontractors shall be performed in accordance with industry standards.

• If at any time it appears that the duration or scope of the ROW work shall differ from that allowed by the ROW Permit, the ROW User shall inform the Director.

• The ROW User shall not interfere with or alter the Facilities of the City or other ROW User without their consent and shall be solely responsible for such.

• In the event such exclusions conflict with the reasonable requirements of the ROW User, the City will cooperate in good faith with the ROW User to attempt to find suitable alternatives, if available, provided that the City shall not be required to incur financial cost nor require the City to acquire new locations for the ROW User.

• Additionally, in accordance with § 67.5121(4), the bonds required for “Small Wireless Facilities” as defined in the Uniform Small Wireless Facility Deployment Act shall not exceed one thousand five hundred dollars ($1,500.00) per “Small Wireless Facility” or more seventy-five thousand dollars ($75,000.00) for all “Small Wireless Facilities” within the ROW of a ROW User.

• The ROW User shall be responsible for accurately maintaining the information in the application during the term of any Franchise or ROW Use Agreement and shall be responsible for all costs incurred by the City due to the failure to provide or maintain as accurate any application information required herein.

• Provided however, that in accordance with § 67.5121(2), a ROW User solely to the extent a ROW User is operating “Small Wireless Facility” as defined in the Uniform Small Wireless Facility Deployment Act within the ROW shall only indemnify and hold the City, its officers and employees, harmless against any damage or personal injury caused by the negligence of the ROW User, its employees, agents, or contractors.

• The ROW User shall be solely liable for any damages to Facilities or other property due to Excavation, Facilities Maintenance, or other work performed prior to obtaining the location of all Facilities that have been properly identified prior to such work.

• The Director may further exclude certain other Facilities that have been designated or planned for other use or are not otherwise available for use by the ROW User due to engineering, technological, proprietary, legal, or other limitations or restrictions as may be reasonably determined by the City.

• A ROW User shall be responsible for all Excavations or Facilities Maintenance done in the Rights-of-Way on its behalf, regardless of by whom the Excavation or Facilities Maintenance is done.

More Definitions of ROW User

ROW User means a Person, its successors and assigns, that uses the Right-of-Way for purposes of work, Excavation, provision of Services, or to install, Construct, maintain, Repair facilities thereon, including, but not limited to, landowners and Service Providers. A ROW-User shall not include ordinary vehicular or pedestrian traffic or any Governmental Entity that has entered into an agreement pursuant to K.S.A. 12-2901 et seq. with the City regarding the use and occupancy of the City's Right-of-Way.

ROW User. – means all Persons and entities, whether a PSC registered utility or otherwise, owning, controlling, leasing, maintaining, using or installing Facilities in the Rights-of-Way of the City, not otherwise expressly exempted. A ROW User shall not include Reseller Service Provider.

ROW User means any person, including, but not limited to, landowners and service providers, their successors and assigns, that uses the right-of-way for purposes of work, excavation, provision of services, or installation, construction, maintainenance, or repair of facilities thereon. A ROW-user shall not include ordinary vehicular or pedestrian traffic or any governmental entity that has entered into an agreement pursuant to K.S.A. 12-2901 et seq. with

ROW User. – means all Persons and entities, whether a PSC registered utility or otherwise, owning, controlling, leasing, maintaining, using or installing Facilities in the Rights-of-Way of the City, not otherwise expressly exempted. To the extent permitted by law, ROW User shall not include the City.