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<br />@ Soutt1welItem Bel1ilIeI <br /> <br />Ie <br /> <br />SW-9431 <br />(Rev. 1-91) <br /> <br />Should Applicant exercise this option and become the owner oC the pole and associated guy strands andlor anchors. it agrees to <br />maintaiD tbe pole and associated guy Juands andlor anchors in & safe and servic:eable condition for attachment of Telco and joint <br />user facilities for as 10Dg u Applicant owns a.n interest in tbe pole. <br />K. Simultaneous applications by more thAn one Applicant for the same structure will be processed in accordance with APPENDIX V, <br />made an integral pan of this contract. <br />L In performing all make-ready work to aceommoda.te Applicant's facilities, Telco will endeavor to lnclude such work in its normal <br />work load schedule. [0. Ibe event Applicant requests that the make-ready work be performed on a priority basis outside of Telco's <br />normal work bours. Applicant agrees to pay the excess costs of wort. performed at premium rates. NOlhing herein is intended, <br />bowever, to require advancement of Applicant's wort. ahead of other scbed.uled wort. <br />VIII. CO:-lSTRUCTION, MAI:-ITE:-<A:-ICE AND REMOVAL OF FACILITIES <br /> <br />A. Applicanl sball. at its own expense. and in accordance with lhe provisions of this Agreemenl. construct and maintain its facilities <br />on pole and/or a.nchors covered by licenses issued pursuant to this Agreement is a safe condition as specified in Article IV, <br />Paragraph A, so as nOI to physically conlllct or 10 electrically interfere wilh tbe facilities attached tbereon by the Telco, joint users <br />or other authorized parties. Applicant agrees that upon request by Telco, it will participale immediately with Telco and joint users <br />in the change out of poles, rearrangement of facilities andlor pole line reconstruction and. thal such participation shall include <br />Applicant bearing the expense for the rearrangement of its facilities, If aU required rearrangements are not made within 30 days of <br />notification by Telco; Telco may perform such work al Applicanl's expense in accordance with Anicle II. Paragraph C, of this <br />Agreemenl and Telco sbaU be indemnified for such work in accordance with Article XIII. Paragraph G. <br /> <br />B. Telco shall specify the point of attachment of each pole or anc:hor to be occupied by Applicant's facilities. Where facilities of more <br />than one Applicanl are involved, Telco will attempl to the extent practical. to designate the same relative position on each pole or <br />anchor for each Applicant's fac:ilities. <br /> <br />C. Applicant shall notify the Telco in writinS at leasl 30 days before adding to, relocating, replacing or olherwise modifying its <br />facilities attached to a pole andlor anchor where additional space or holding capacity may be required on either a temporary or <br />permanent basis. <br /> <br />D. Applicant, at its expense, will remove its facilities from poles, anchors or anchor/guy stran4s within 60 days after: <br /> <br />I. termination of the license covetins sucb attachment; or <br /> <br />2. lhe date Applicant replaces its existing facilities on a pole with the placement of substitute facilities on the same pole. <br /> <br />E. If Applicant fails to rem.ove its facilities at the expiration or other termination of a license, Telco shaU have the right to remove <br />such facilities at Applicant's expense in accordance with Article II, Paragraph C of this Agreement and Telco shall be indemnified <br />by Applicant for such work in acc:ordance with Article XIII, Paragraph Q. <br /> <br />F. When Applicanl's facilities are removed from. a pole, ancbor or ancbor/auy strand, no reauachment to the same pole or anchor <br />shall be made until; <br /> <br />1. The Applicanl bas first complied with all of lhe provisions of this Agreement as though no such pole or anchor attachment had <br />previously been made, and <br /> <br />2. All oUlStandin. chules due Telco for such previous auachments have be.n paid in full. <br /> <br />G. Applicant sball advise Telco in writlna as to the date on whic:h the removal of its facilities from each pole, anchor, and/or <br />anchor/guy strand has been compleled. <br /> <br />H. Applicanl agrees 10 tully cooperate with Telco when emerlency pole replacements are required. During normal working hours. <br />Telco will inform Applicant that &D emergency exists. Applicant shall transfer its facilities immediately. Should Applicant be <br />unable to respond to the emerSency situation. then Applicant may elect to request Telco to perform such rearrangements or <br />uansfers without liability on the pan 01 the Telco or joint users and Applicant shall be liable for the full costs thereoL When such <br />pole replacements are required outside 01 normal workin. hours, Telco will attempt to c:ontact Applicant to determine if Applicant <br />can respond appropriately to Ihe emeraency. Applicant may elect to bave Telco perform such rearrangement or transfers as Slated <br />above. Should Telco be unable to contact Applicant, then Telco may perform such transfers deemed necessary to clear the <br />emergency without liability on lhe part 01 the Telco or joint users and Applicant shall be liable for the full costs thereoC. <br /> <br />IX. TERMINATION OF LICENSES <br /> <br />A. Any license issued pursuant to this Aareement shall automatically terminate when Applicant ceases to bave authority to construct <br />and operate its laeilities on publie or private propeny 1.1 the location of the panicular pole. anchor or guy strand covered by the <br />llc:ense. <br /> <br />B. Applicant may at any time terminate its license with respect to the attachment to a pole or anchor or utilization of an anc:hor/guy <br />strand and remove iu {acilltes by aivtns Telco written notice of such intention (form SW-9436A). Attachmenl fees shall continue <br />until all of Applicant's facilities have been physically removed. Once Applic:ant's faeilities have been removed they shan nOl be <br />attached to any pole or ancbor or utilize any anChor/guy strand until Applieant has complied with all provisions of this Agreement <br />u though no previous lic:ense had been issued. <br /> <br />C. Telco retains tbe righl to eancel. with 30 days written notice, any license not utilized by anachmenl or placement of Applic:ant' s <br />facilities within 12 months of license issue date. <br /> <br />X. INSPECTION OF APPLICANT'S FACILITIES <br /> <br />A. Telco reserves tbe riabt to mue periodic inspections 1.1 any time 01 any pan of Applicant I s facilities attached to Telc:o' s poles or <br />ancbors, and Applic:ut shall reimburse Telco for the expense of such inspections u specified in APPENDIX I. <br /> <br />B. Telco will live Applicanl advanced wrinen notice 01 such inspections, except in those instances where safety considerations justify <br />tbe need for such inspection without delay 01 waitinl until written nOliee .11.. been forwuded to Applicant. <br /> <br />C. The makina 01 periodic inspections or the failure to do so shaU Dot operale to impose upon Telco any liability of any kind <br />whatsoever or relieve Applicant of any responsibililY, obligations or liability whether usumed under this Agreement or otherwise <br />existing. <br /> <br />Page 4 of 8 <br />