Reso 1996-131 to 135 - Laserfiche WebLink

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7.6 REPLACEMENT ANCHORS. Permittee shall pay all costs to install larger or additional anchors whenever such larger or additional anchor(s) are necessitated solely by reason of the existence of the Pole Attachment, including, but not limited to, if such larger or additional anchor(s) are necessitated by the subsequent addition of PG&Fs or other pole owners' equipment to the PG&E Pole(s) and the larger or additional anchor(s) would not be required in the absence of the Pole Attachment(s). Permittee's replacement obligation hereunder shall not arise as a result of the addition of third party (excluding other pole owners) equipment to PG&E poles. Absent an emergency or safety hazard, PG&E shall provide Permittee (i) thirty (30) days' prior written notice of the need of such anchor replacements, and (ii) an estimate of Permittee's cost of the replacement. Permittee shall notify PG&E within said thirty (30) days in writing of its intent to remove its Pole Attachments or to accept the replacement cost. If Permittee intends to remove its Pole Attachments, it shall reimburse PG&E for the reasonable cost of generating the estimate of the cost of the replacement anchor(s). 7.7 INCOME TAXES. The costs to be paid by Permittee to PG&E as set forth in Sections 7.5 and 7.6 above shall include a gross -up amount for potential income tax liability of PG&E with respect to contributions in aid of construction arising for the acquisition and installation of new or replacement poles and/or anchors, which gross -up amount shall be equal to the gross -up percentage for such contributions set forth in PG&E's current filed electric tariffs. Permittee may obtain a refund of any gross -up amounts paid to PG&E by obtaining a favorable ruling from the Internal Revenue Service (IRS) that the costs paid by Permittee are not taxable to PG&E. Such a ruling shall be prepared and submitted by Permittee, at Permittee's expense, but must be filed with a verification by PG&E that the facts presented therein are true, correct, and complete. In cases where Permittee obtains a favorable ruling with respect to taxes previously paid by PG&E, no refund will be paid by PG&E to Permittee until PG&E obtains a corresponding refund or credit from the IRS. 7.8 NOTICE OF REMOVAL. Permittee may remove its Pole Attachments from any pole(s) and/or anchor(s) hereunder upon giving ten (10) days' written notice to PG&E. Such notice shall not be required where there is an imminent danger. However, in such case, Permittee shall notify PG&E immediately after Permittee determines an imminent danger, and Permittee shall remedy the imminent danger situation in accordance with paragraph 3.2 of this Agreement. Removal or abandonment of its equipment by the Permittee shall terminate all of its rights and privileges hereunder as to the abandoned pole(s) and/or anchor(s). 10