Unauthorized Attachments. Upon request of the Company, Permittee shall provide written evidence of Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorization, Permittee shall pay to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount of the penalty authorized in this Agreement shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms of this Agreement. If payment is not received within thirty (30) days of invoice date, the Company may invoke rights under Article X, Termination, and remove Permittee’s Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has not obtained written authorization in accordance with Section 3.2 of this Agreement shall be treated as an unauthorized attachment. All new facilities, rebuild of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachment.
Unauthorized Attachments. Before an individual or firm attaches any equipment or material to any Cooperative property (including pipes, valves, fittings, equipment, or structures), the individual or firm must receive written permission from the Cooperative. Any unauthorized attachment is subject to removal at any time without notice and the Cooperative may recover the costs associated with such removal. SCHEDULE OF NONRECURRING CHARGES Related Tariff Rule(s) Description Charge
Unauthorized Attachments. Licensee shall not make Attachments to Pole Owner’s Poles without obtaining the Pole Owner’s written permission as provided for in this Agreement. Pole Owner may charge License the amounts contained in the Fee Schedule attached hereto as Exhibit upon the discovery of unauthorized Attachments belonging to Licensee. The imposition of such charges shall be without prejudice to Pole Owner’s right to utilize additional other remedies, including, but not limited, to the remedies available for default under Article VI of this Agreement and any remedies available under Commission rules.
Unauthorized Attachments. If any of CLEC’s communications facilities shall be found attached to Ameritech’s poles or in Ameritech’s ducts or conduits for which no Occupancy Permit was issued, Ameritech will provide notice to CLEC in writing and CLEC must correct such noncompliance within ninety (90) days of receipt of such notice.
Unauthorized Attachments. Licensee shall not make Attachments to Pole Owner’s poles without obtaining the Pole Owner’s written permission as provided for in this Agreement. Pole Owner may charge License back rent from the date of the actual attachment or, if unable to provide evidence of such actual date, 5 years or the date of the most recent audit, whichever is sooner, plus the unauthorized attachment fee contained in the Fee Schedule attached hereto as Exhibit A upon the discovery of unauthorized Attachments belonging to Licensee. The imposition of such charges shall be without prejudice to Pole Owner’s right to utilize additional other remedies, including, but not limited, to the remedies available for default under Article VI of this Agreement and any remedies available under Commission rules.
Unauthorized Attachments. Licensee shall not make Attachments to CenturyLink’s poles without obtaining CenturyLink’s written permission as provided for in this Agreement. CenturyLink may charge License back rent from the date of the actual attachment or, if unable to provide evidence of such actual date, 5 years or the date of the most recent audit, whichever is sooner, plus the unauthorized attachment fee contained in the Fee Schedule attached hereto as Exhibit A upon the discovery of Unauthorized Attachments belonging to Licensee. The imposition of such charges shall be without prejudice to CenturyLink’s right to utilize additional other remedies, including, but not limited, to the remedies available for default under Article VI of this Agreement and any remedies available under Commission rules.
Unauthorized Attachments. 10.1 If any of Licensee’s Attachments are not licensed under this Agreement, Verizon may recover fees as specified in subsections 10.3 and 10.4, without prejudice to its other rights and remedies under this Agreement, and require Licensee to submit an Application covering the unauthorized Attachments within thirty (30) Days after receipt of written notification from Verizon.
Unauthorized Attachments. Licensee shall not make Attachments to Rocky Mountain Power’s Poles without obtaining Rocky Mountain Power’s written permission as provided for in this Agreement. Rocky Mountain Power may charge Licensee an unauthorized attachment fee as shown on Exhibit B, upon the discovery of unauthorized Attachments belonging to Licensee. Back rent shall be charged for the lesser of 5 years or the period of unauthorized attachment. The imposition of such charges shall be without prejudice to Rocky Mountain Power’s right to utilize additional other remedies, including, but not limited to, the remedies available for default under Article VII of this Agreement and any remedies available under Commission rules. Licensee may avoid unauthorized attachment fees, except back rent, if it self-discloses unpermitted attachments and provides an Application for said attachment permits prior to Rocky Mountain Power’s discovery.
Unauthorized Attachments. A. Except as otherwise specifically provided in this Agreement, any Attachment made by Licensee without the written approval of Owner pursuant to the terms of this Agreement, or any prior agreement governing such facilities, shall be considered an unauthorized attachment. Upon discovery of an unauthorized Attachment other than in an Attachment Inventory conducted pursuant to Section 9 above, Owner shall provide Notice to Licensee, which shall include the pole number and location. Within twenty (20) business days after Licensee’s receipt of such Notice, Licensee may dispute the Notice with regard to some or all poles identified in it by providing a written response and supporting documentation to the Owner.
Unauthorized Attachments. 9.1 If any of Licensee’s facilities are attached to Licensor’s poles without being licensed, Licensor, may recover fees as specified in subpart 9.2, without prejudice to its other rights or remedies under this Agreement, including termination, or otherwise, and require Licensee to submit in writing, within thirty (30) days after receipt of written notification from Licensor of the unauthorized attachment, a pole attachment application. If such application is not received within the specified time period, Licensee shall remove its unauthorized attachments within thirty (30) days of the final date for submitting the required application, or Licensor may remove Licensee’s attachments or facilities without liability at the Licensee’s expense.
