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25B - AGMT WITH NEW CINGULAR WIRELESS
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25B - AGMT WITH NEW CINGULAR WIRELESS
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Last modified
4/30/2020 2:05:36 PM
Creation date
4/30/2020 1:29:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25B
Date
5/5/2020
Destruction Year
2025
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other party written notice of the intent not to renew this Agreement not more than twelve (12) and <br />not less than ten (10) months prior to the expiration of the Initial Term or any Renewal Term, as <br />applicable. The Initial Term and all Renewal Terms shall be collectively referred to herein as the <br />"Term." Any holding over after the termination or expiration of the Term shall constitute a default <br />by Licensee, notwithstanding that Licensor may elect to accept one or more payments of fees from <br />Licensee. <br />2.2 Supplement Term. Unless otherwise specified in a Supplement, the initial term <br />for each particular Supplement shall begin on its effective date ("Supplement Effective Date") and <br />shall end upon the expiration of the Initial Term, or the Renewal Term, if validly exercised, of this <br />Agreement, unless such individual Supplement is earlier terminated or this Agreement is extended <br />or terminated, as provided for herein (the "Supplement Term"). All of the provisions of this <br />Agreement shall be in effect during the Supplement Term. The expiration or termination of the <br />Agreement under Section 2.1 shall immediately terminate all Supplements. Any holding over after <br />the expiration of the Supplement Term shall constitute a default by Licensee, notwithstanding that <br />Licensor may elect to accept one or more payments of fees from Licensee. <br />3. REPRESENTATION CONCERNING SERVICES; TERMINATION WITHOUT CAUSE. Licensee <br />represents, warrants and covenants that its Equipment installed pursuant to this Agreement and <br />each Supplement will be utilized solely for providing the Services, and Licensee is not authorized <br />to and shall not use its Equipment to offer or provide any other services not specified herein <br />without Licensor consent. At any time that Licensee ceases to operate as a provider of Services <br />under Federal or state law, the Licensor shall have the option, in its sole discretion and upon six <br />(6) months' written notice to Licensee, to terminate this Agreement and to require the removal of <br />Licensee's Equipment from the ROW and from Municipal Facilities, including the cost of any site <br />remediation, at no cost to the Licensor, without any liability to Licensee related directly or <br />indirectly to such termination. <br />4. SCOPE OF AGREEMENT. Licensee may only use Municipal Facilities pursuant to an <br />approved Supplement. Any and all rights expressly granted to Licensee under this Agreement shall <br />be exercised at Licensee's sole cost and expense, and shall be subject to the restrictions and <br />conditions set forth herein. <br />4.1 Attachment to Municipal Facilities. Subject to the conditions herein, the <br />Licensor hereby authorizes and permits Licensee to locate, place, attach, install, operate, maintain, <br />control, remove, reattach, reinstall, relocate, and replace Equipment on identified Municipal <br />Facilities located in the ROW for the purpose of providing Services. <br />4.1.1 Licensee will submit to the authorized representative of the Licensor an <br />application substantially in the form of Exhibit B ("Application") hereto including a proposed <br />design for any proposed Equipment installations that identifies both the Equipment and the <br />Municipal Facilities Licensee proposes to use. One Application is required per Municipal Facility. <br />4.1.2 Licensor may approve, approve with conditions, or disapprove an <br />Application in its sole discretion, provided however, Licensor shall not unreasonably delay its <br />decision. Any approved Equipment shall be included as part of the applicable Supplement. <br />Page 5 of 23 <br />25B-7 <br />
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