Res 2005-188 - Laserfiche WebLink

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I I I A. If any Attachmg Entity mcludmg the LIcensor, seeks to make an addItional Attachment or modIfy an eXIstmg Attachment, and the actIOn reqUIres the rearrangement, relocatIOn or removal of eXIstmg facIlIties or the replacement of a LIcensor's Pole, the Attachmg Entity wIll bear the entIre cost of the rearrangement, relocatIOn or removal of the eXIstmg faCIlIties on the Pole, as well as the costs of any new Pole reqUIred. B In all other cases, where the rearrangement, relocatIOn or removal of faCIlItIes IS necessItated by an event that IS independent of any partIcular party, the LIcensor wIll allocate the costs of any rearrangement, relocatIOn and removal of Attachments eqUItably among all the Attachmg Entities. C If the LIcensor mtends to modIfy a LIcensor's Pole m a manner that affects the LIcensee's Attachments on the Pole, the Licensor will proVIde the LIcensee WIth 30 days wrItten notice before makmg the modIfication to prOVIde the LIcensee an OppOrtunIty to modIfy or add to ItS eXIstmg Attachment. ThIS notIce reqUIrement wIll not apply to routme mamtenance or emergency SItuatIOns. If the LIcensee adds to or modIfies the LIcensee's FacilIties, the LIcensee wIll bear a portion of the costs mcurred by the LIcensor, as reasonably determmed by the LIcensor, m makmg the space on the Pole aVailable to the LIcensee. 906 No prOVISIOn of thIS Agreement wIll be construed to reqUIre the LIcensor to place or relocate any LIcensor's FaCIlItIes for the benefit of the LIcensee. ARTICLE 10 ABANDONMENT, CHANGE-OUT AND REMOVAL OF LICENSEE'S FACILITIES 10 01 SubJect to Paragraph 10 02 below, If the LIcensor WIshes to abandon or relocate a LIcensor's Pole to or wIthm whIch the Licensee has Attachments, the LIcensor WIll gIve at least 60 days wrItten notice to the LIcensee. If the LIcensee does not remove or transfer all of the LIcensee's FacIlIties from the Pole, and the LIcensee has not entered mto an agreement to purchase the Pole under Paragraph 10 02 of thIS ArtIcle, the LIcensor WIll have the nght to remove or transfer the LIcensee's FacilIties at the LIcensee's expense 1002. If the LIcensor WIshes to abandon or relocate a LIcensor's Pole to whIch the LIcensee has Attachments, the LIcensor wIll offer to sell the Pole to the LIcensee at the then-present market value of the facIlIties. The LIcensee wIll notify the LIcensor m wrItmg WIthm 15 days of the date of the LIcensor's offer that the LIcensee deSIres to purchase the offered faCIlItIes. The LIcensee must then secure and delIver proof to the LIcensor of all necessary governmental approvals needed for the LIcensee to mdependently own and access the facIlIties. If the LIcensee falls to secure the necessary governmental approvals, or If the Licensor and the LIcensee fall to reach agreement on the terms of the sale wIthm 30 days after the date of the LIcensor's offer, the LIcensee wIll remove ItS attachments from the Pole as reqUIred under Paragraph 10 01 of thIS ArtIcle. 10 03 The LIcensor wIll gIve the LIcensee 60 days wrItten notice of the need to remove any of the LIcensee's Attachments by reason of any Federal, State or County governmental requIrement, 12