Orange County NC Website
Browse       Search
POLE ATTACHMENTS <br /> of the advance payment shall be $ 23.47 times the number of poles <br /> physically contacted on each December 15th preceding payment date. In <br /> addition , Licensee shall pay to Licensor, on the 15th day of January of <br /> each year, for past occupancy, $ 11.74 time the excess if any, of the <br /> number of poles physically contacted on December 15th preceding the <br /> pay ment date over the nu mber of poles physically contacted on the <br /> preceding December 15th. Upon termination of this Agreement, the rental <br /> payment shall be prorated for the time of actual occupancy during the final <br /> annual period and shall be set off against the advance rental paid by <br /> Licensee for that period. Rental shall be payable for poles physically <br /> contacted by Licensee without regard to whether service is actually <br /> provided by Licensee through the attached facilities. Adjustments in the <br /> rental rate may be made by Licensor during the term of the Agreement <br /> upon six (6) months' prior written notice to Licensee. Notwithstanding any <br /> other provision of this Agreement, Licensee may terminate this Agreement <br /> at the end of such notice period if the proposed rate adjustment is not <br /> acceptable to Licensee, but Licensee shall remain liable for and shall pay <br /> to Licensor the adjusted rental for any attachments which remain in place <br /> thereafter. <br /> 11. In the event the Federal Communications Com mission or the state <br /> regulatory agency which has jurisdiction over pole attachment agreements, <br /> sets rental rates, terms or conditions which apply to such agreements, such <br /> rental rates, terms or conditions shall apply to this Agreement in place of <br /> the rates, terms and conditions stated herein. <br /> 12. In the event that Licensor files a tariff during the term of this Agreement <br /> covering attachments made to its poles, Licensor reserves the right to <br /> substitute the rates and charges covered by such tariff in place of the <br /> rentals set forth in Section 10 and 11 above. Licensor shall notify Licensee <br /> in writing, with respect to any such tariff requesting an increase in rates <br /> concurrently with the filing thereof. <br /> 13. Licensee agrees to take all necessary precautions by the installation of <br /> protective equipment or otherwise, to protect persons and property against <br /> injury or damage that may result from Lice nsee t attachments to Lice rsort <br /> poles. If, in Licensor's opinion, Licensee has not taken such necessary <br />