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Pole Attachments - Construction Standards
Access Rights
(a) Licensee shall secure satisfactory lawful authority, permits and rights
to place, maintain and operate its attachments on Licensor's facilities and
obtain agreements from the owners of private property, if required, including
the right to construct, maintain and operate the attachments on Licensor's
facilities which it occupies. Licensee shall defend, indemnify and reimburse
Licensor all loss and expense, including attorneys' fees, as provided for in
Article 18, which Licensor may incur as a result of claims from governmental
bodies, owners of property or others that Licensee has not a sufficient right
or authority for placing, operating and maintaining Licensee's attachments on
Licensor's facilities.
(b) Licensee and Licensor shall at all times observe and comply with all
laws, ordinances and regulations which in any manner affect the rights and
obligations of Licensor under this Agreement, so long as such laws, ordinances
or regulations remain in effect; and the provisions of this Agreement shall be
subject to all such laws, ordinances and regulations. Licensee will also
undertake the requisite environmental assessments it deems appropriate.
(c) The primary use of any facility is for the provision of utility service.
(i) Licensor may reserve space on its own facilities if such reservation is
consistent with a bona fide development plan that reasonably and specifically
projects a need for that space in the provision of its core utility service.
Licensor may permit Licensee to use the reserved space until the Licensor has
an actual need for that space. When Licensor reclaims the space, it must afford
the Licensee the opportunity to pay for the cost of any modifications needed to
expand capacity in order to maintain its attachment. (ii) In the event
Licensee's attachments interfere with the provision of electric service,
Licensee agrees to remove its attachments at its own expense. Licensee shall
not permit or suffer the installation and existence of any other improvement
(including, without limitation, transmission or reception devices) upon the
Licensee's attachments to Licensor's facilities or premises if such improvement
materially interferes with transmission or reception by Licensor's facility in
any manner whatsoever.
(d) Any offer and acceptance of an attachment agreement may be subject to
regulatory approval.
(e) Licensee shall be solely responsible for securing all necessary or
appropriate approvals, consents, permits, permission, certificates or other
authority (the "Approvals") from any Governmental Authority having
jurisdiction over Licensee's use of the Licensor's Facilities, including but
not limited to the Federal Communications Commission ("FCC") and the
Federal Aviation Administration ("FAA"). Upon reasonable notice and
request, Licensor shall provide Licensee with existing documentation or
information regarding Licensor's facilities that Licensee may need to secure
the necessary approvals. Licensee shall obtain all required approvals prior to
effective date, including but not limited to (1) a completed copy of FAA Form
7460 or study number and (2) copies of current AM/FM FCC licenses relating to
Licensee's attachments.
(f) Without limiting the generality of the foregoing, all installations,
lighting, obstruction markings, and operations in connection with this
Agreement by Licensee shall comply with all Applicable Law promulgated by each
Governmental Authority having jurisdiction over same, including but not limited
to the FAA and the FCC, and Licensor has no responsibility or liability for any
of same.
(g) Failure to comply with this Article shall constitute a default of this
Agreement on the part of Licensee.
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