1992-068-RES WHEREAS, the City of Paris is in need of pole space to connect City Hall with the Police and Courts

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.@ ~Bel1illel 18 sw -9432 (Rev. 1-91) Ill. ADVANCE PAYMENT A. Applicant sball make an advance payment to tbe Telco prior to: 1. Any undertaking by Telco of . preUcense surveyor the administrative processing portion of such a survey in an amounl specified by Telco sufficient to cover the estimated charges for completing the specified work. such .stimatea and actual charges shall be computed in accordance with Article II, Pa.ragraph F, aDd 2. Performance by Telco of any make ready work required in an amount specified by Telco sufficient to cover the estimated charges for completing tbe required make-ready work, such estimated and actual charges shall be computed in accordance witb Article 11. Paragraph F. B. The advance payment (APPENDIX III. Form SW9434) will be credited against the actual amount due the Telco for perfonnins C. Where the advance payment is less tban the charse by the Telco for such work, Applicant agrees to pay Telco the remainder within 60 days of issuance of the bill. D. Where the advance payment exceeds the charge by the Telco for such work, Telco shall refund the difference 10 the Applicanl within 60 days or completing the work. IV. SPEC:FICATIONS A. When a license is issued pursuant to this Agreement, Applicant's facHilies shaH be placed and maintained in accordance wilh the requirements and specifications of the then current editions of the "Manual of ConstNction Procedures" (Blue Book), the National Electrical Code (NEC), and the National Electric&l Safety Code (NESC), aU ol which are incorporated by reference in this Agreement, and the rules and regulations of the Occupational Safety and Health Act (OSHA) and ol any goveming authority having jurisdiction over the subject matter. Where a dillerence in specifications may exist. the more stringent shall apply unless modified by Telco in writing. Wherever Applicant's facHilties extend from Telco's poles, strands or anchors to the poles of a joint use or other party, Applicant will comply with tbe same requirements and specifications as set lorth in this Agreement for such connecting sections. B. It Applicant's Cacilities. or any part thereoC. are not placed and maintained in accordance with Paragraph (A) preceding, and Applicant bas not corrected the violation within 60 days from receipt oC written notice thereoC from the Telco, Telco may at ils own option correct said conditions. Telco will attempt to notify Applicant in writing prior to perfonning such work whenever practicable. When the Telco reasonably believes, however. that such conditions pose an immediate threat to the safety of the Telco's employees or the public, interfere with the performance of the Telco's service obligations, or pose an immediate threat to the physical integrity oC the Telco's facilities, the Telco may perform such work and/or take such action at the Applicants expense tba.t is deems necessary without first &lving written notice to the Applicant and Telco shail be indemnified by the Applicant for such work in accordance with Article XIII. Paraaraph 0 of this Agreement. As soon as practicable thereaCter. Telco will advise Applicant in writing ol the work performed or the action taken and will endeavor to arran.e Cor reaccomodation of Applicant's Cacilities so affected. The Applicant sball be responsible for payin. the Telco for all costs incurred by the Telco in taking action under this subsection. C. The CoUowin. rules apply when an emerlency situation exists sucb tbat advance coordination is not practicable: 1. Telco may rearrange ApplIcant's cable, equipment and racWUls to accommodate tbe placinl of Telco', facilities. The costs associated with sucb rearranlemenlS will be paid by tbe Applicant and Telco shall be indemnified by Applicant for such work. in accordance with Article XIII, Puapapb 0 of this Aareemenl. Z. Telco's service restoration work requirements shall take precedence over any a.u.d all work operations of the Applicant on Telco's pole line. V. LEGAL REQUIREMENTS A. Applicant shall be responsible for obtaining the appropriate public and/or private authority or other appropriate persons any required authorLzatioD to construct, operale and/or maintain its facilities on public andlor private property before it attaches its facilities to poles and aachon or utillzes anchor/suy strands located on such property. Telco reserves the right to require evidence tbat appropriate authorization hu been obtained beCore any license is issued to applicant or before the fin&l prelicense survey work is commenced. B. Communications facilities placed by Appllcant on Telco's poles, anchors or strancls must serve a lawful purpose; the we made of tbe facilities must comply witb all applicable replatory ruliltll. local. state and Cederallaws. C. No license lI'anted UDder this AlI'"ment shall lXIend to any pole, anchor or IUY strand wbere the attachment or placement of Applicant's CacWU.. would result in a forfeiture of rtahu of Telco, or joint users, to occupy the propeny on which such poles. anchors or guy strands an located. It the existence of Applicant's Cacilities on a pole. anchor or guy strand would cause a forfeiture of the right of tbe Telco, joint user, or bolb, to occupy sucb property, Applicant ap... to remove its Cacilities Corthwith upon receipt oC written Dotification from the Telco. If said Cacilitie. are not so removed, Telco may perform a.nd/or ma.y bave performed sucb remova.l at Applicants expense after tbe expiration of 60 days from tbe receipt of said written notification and Telco shall be indemnified by Applicant Cor such work. in accordance with Anicle XIII, Pa.rapapb 0 of this Acreement; .nd Applicant agrees to pay Telco and joint user or botb for alllossu &Dd d&IDa.es that may result. VI. ISSUANCE OF LICENSES A. Before Applicant shall attach to any pole, ancbor or utilize any anchor/IUY strand, Applicant shan make a written application Cor and bave received a written license from the Telco. Application sball consiJt of the Applicant submittinl two siened copies of lhe "AppUoatioD and Pole AttaohmeDt WoeD.e" (APPENDIX Ill, Form SW-9433). Al:or approval by Teloo, aD exeouled Form SW-9433 will be returned to tbe Applicant to serve u the license for Appllcanl's facWtie. to be attached to poles. anchors or strands a. specified by license. B. Applicant apees to limit the CUinI ol applications for attachment licenses to include nol more than 300 poles and their associated ancbors aD anyone appllcation and 1500 poles and their associaled ancbors on all applications which are pending approval by Telco at anyone time. Such limitation will apply to poles. ancbors and anchor/CUy strands located within .. single planl con.struction district oC Telco. Telco, in its soJe judlement, may permit the preceding Iimil&lion. to be exceeded iC so requested in writing by the Applicant when the circumstances or a panicular situation w&nanl such. Page 2 of 8