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41 AGREEMENT TO MAKE ATTACHMENTS OF TELEVISION CABLE AND NECESSARY APPURTENANT FACILITIES TO POLES Thi s Agreement is made this 1st 19 89 between Karnack Cable T.V. hereinafter called -Licensee-, and San Marcos Electric of the City of San Marcos, hereinafter called -SMEU-. day of January , , Utility, an agency WITNESSETH: 1. Subject to the terms and conditions herein, permission is granted by SMEU to Licensee to use certain SMEU-owned poles in the vicinity of San Marcos, Texas, for the purpose of attaching television cable, amplifiers. connection boxes. and other necessary appurtenances. This pennission is granted at the request of licensee. for the above described location only. SMEU makes no representations or warranties whatsoever as to the condition, adaptabi 1ity. or safety of its poles and facilities for use by Licensee. and Licensee accepts such poles and facilities as they are or may be at the time it uses them under the tenDs hereof and agrees that its facilities and appurtenances shall be installed. attached, maintained. operated. and removed i\t the sole risk and expense of the Licensee. 2. Before making any such attachments. Licensee must first make application to SMEU for a permit on the SMEU Form 346. which shall be part of this Agreement. SMEU may refuse a permit or permission to make attachments on any pole. poles. or facilities or may restrict the type of attachments to be placed thereon. and Licensee shall not make attachments to or use of SMEU-owned poles and facilities unless and until SMEU issues Licensee a permit for the location specified. 3. In the event that SMEU must make changes or additions to any SMEU facilities to accommodate Licensee's attachments. SMEU will advise licensee of the tenDS and conditions upon which permission will be granted for making said attachments. The cost of any such modifications shall be borne solely by Licensee. 4. If Licensee desires to remove or abandon any attachment or attachments. notice of such removal or abandonment shall be given to SMEU on the SMEU Form 346 which shan be part of this Agreement. No refund of any rental fee shall be due because of such removal. 5. The use of SHEU's facilities by Licensee shall comply with all current SMEU rules and standard specifications. with all municipal, state. and federal laws and regulations. and with the National Electrical Safety Code. as these may be amended. and shall be constructed and maintained in such a manner as will not interfere with any present or future operation of SMEU or of other parties contracting to use SMEU poles and facilities. 6. licensee sha11 not make any changes in the type of use or locations of its attachments without the consent of SMEU in writing. -1-