5.4. ERMUSR 07-12-2011 - Laserfiche WebLink

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4. Design Standards. The construction, reconstruction and planning of the Licensee's Communication Equipment shall at all times be in conformity with the National Electric Safety Code, as amended and all applicable Federal, State, and Local regulations and requirements. All plans for the construction and maintenance of Licensee's Communication Equipment shall be prepared by a qualified and certified engineer and submitted to Owner for review and approval prior to the commencement of any work. 5. Right of Way for Licensee's Attachments. Owner does not, in any manner, warrant or covenant with the Licensee regarding the validity of any easements, franchise or other authorizations whereby the Owner's poles and electric system were erected, nor does Owner in any manner warrant or covenant with Licensee regarding the validity of any rights hereby given with respect to easements, franchises and maintenance of Licensee's Communication Equipment. 6. Division of Costs. a. The cost of erecting new poles covered by this Agreement, to construct new pole lines, to make extensions to existing pole lines or to replace existing poles, shall be borne by the parties as follows: i. The cost in place of a normal pole or pole smaller than normal shall be borne by Owner. Owner shall have sole discretion to determine, from time to time, the specifications for a normal pole. ii. In the case of a pole larger than normal, where all or part of the extra height or strength is necessary because of the requirements of Licensee, including requirements for keeping Licensee's communication equipment clear of trees or to meet required clearances, the extra cost in place of such a pole shall be borne by Licensee. iii. In the case of a pole larger than normal where all or part of the extra height or strength is necessary because of requirements of Owner, including requirements for keeping Owners wire or electric distribution equipment clear of trees or to meet required clearances, the extra cost in place of such a pole due to Owners requirements shall be borne by Owner. iv. In the case of a pole larger than normal where all or part of the extra height or strength is necessary because of the requirements of both parties, or the requirements of public authorities or property owners (other than requirements with regard to keeping the equipment of one party only clear of trees or to keep the required clearance for that one party, Licensee shall pay the Owner a sum equal to one-half the difference between the cost in place of such pole and the Page 2 of 5