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4.1. ERMUSR 12-17-2019
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4.1. ERMUSR 12-17-2019
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12/19/2019 3:57:01 PM
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12/19/2019 3:40:14 PM
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City Government
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ERMUSR
date
12/17/2019
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ii.Licensee shall deposit with Owner such amount as Owner shall determine, in its <br />or other equipment caused by the installation and not corrected by Licensee. <br />d.Following the approval of plans and the payment of amounts due, Licensee may <br />proceed with installation of the Communications Equipment on such terms and <br />schedule as Owner shall approve in a written approval to proceed. <br />e.All Communication Equipment shall be installed to the satisfaction of ERMU, in its sole <br />discretion. Licensee shall make any corrections, repairs or replacements to the <br />Communications Equipment required by Owner and shall not put the Communications <br />Equipment into service until Owner has issued its written approval of the installation. <br />equipment occurring during the installation. <br />f.Following approval by Owner of the installation of the Communication Equipment, <br />Owner shall calculate the actual costs of the installation to be allocated to Licensee. If <br />the costs allocated to Licensee are less than the amount pre-paid by Licensee, Owner <br />shall refund Licensee any amounts due within 30 days. If the costs allocated to Licensee <br />are more than the amount pre-paid by Licensee, Licensee shall pay all additional <br />amounts due within 30 days of notice from Owner of those amounts. <br />g.Owner shall also return to Licensee any amount of the deposit submitted by Licensee <br />not required by Owner to repair poles or equipment damaged during the installation. <br />8.Termination of Use. If Owner desires at any time to abandon any pole, it shall give Licensee <br />notice in writing to that effect at least ninety (90) days prior to the date on which Owner intends <br />to discontinue use of the pole. Licensee shall thereupon remove its Communication Equipment <br />from the pole no later than ten (10) days before expiration of the notice period. Licensee may <br />at any time discontinue the use of any pole by removing any and all attachments it may have <br />thereon. If Owner determines, in its sole discretion, that the abandoned pole may stay in place, <br />Owner and Licensee may, if they both desire to, enter into negotiations for sale of the <br />abandone <br />right of way or property where the pole is located. The Owner of the right of way or property <br />where the pole is located shall be a party to any such agreement. <br />9.Covenant to Hold Harmless. Licensee agrees to hold harmless and defend Owner against any <br />related to Licensees installation, operation and/or maintenance of Communications Equipment <br />representatives, nor to any other person for any personal injury, death or damage to property, <br /> <br />Page 4 of 5 <br /> <br />61 <br />
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