96-086 - Seattle City Light - Master Pole Attachment

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Master Pole Attachment Agreement e. Incremental Cost. The incremental cost of adding the reserved fiber shall be borne by the City. "Incremental cost" shall be defined as all avoidable costs that would not have been incurred by Company but for the City's request for reserved fiber, including all additional costs of termination incurred by Company in order to ensure system integrity, including but not limited to splice cases and termination panels. The City shall also be responsible for the incremental cost of maintenance and repair of the Reserved Fiber. All costs shall be charged by Company on a time and materials basis. All such incremental costs shall be paid by the City to Company within 45 days of the submission of an invoice and complete documentation of the incremental costs. f. Termination of Pole Attachment: Disposition of Fiber. Upon termination of a pole attachment by Company or for Company's breach of this Agreement, the City shall have the right to acquire such fiber of Company attached to poles pursuant to this Agreement which may be integral to or colashed to the reserved fiber if it pays Company within 45 days of termination, or such longer period as the parties mutually agree, the salvage value of such fiber. "salvage value" means the component cost of the fiber less the cost of removing the fiber from the poles. In the event that the City decides not to acquire all the fiber of Company, ownership of the reserved fiber that is integral or colashed to such fiber of Company that the City is not acquiring shall transfer to Company. Company shall remove all of its fiber that is covered by the terminated pole attachment from the poles within 60 days, or such longer period as the parties mutually agree, of the City's decision. g. At the end of the term of this Agreement, or its earlier termination by the City for its convenience, Company shall have the right and obligation to remove its fiber and the reserved fiber from the poles. Sale of Fiber by Company. In the event that Company sells, assigns, or otherwise transfers its interests in its fiber, the terms of this Agreement shall be binding on all such successors, assignees, recipients, or transferees of such interests. 2. Mutual Release. Neither the City nor Company shall be liable, in law or in equity, to the other party for any damages relating to the interruption of service or interference with the operation of the Company's fiber optic system or the reserved fiber arising in any manner whatsoever, whether caused by negligence of the City, Company, third parties, or otherwise. Neither the City nor Company shall be liable to the other party under any circumstances for incidental, special or consequential damages or damages alleged to have arisen due to an interruption of service or damage to any fiber optic cable in use by the other party. C2