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25F - AGMT - WIRELESS LICENSE
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25F - AGMT - WIRELESS LICENSE
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Last modified
5/28/2020 5:17:58 PM
Creation date
5/28/2020 5:12:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
6/2/2020
Destruction Year
2025
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6.8.2 Licensee understands and acknowledges that Licensor may require <br />Licensee to relocate one or more of its Equipment installations. Licensee shall at Licensor's <br />direction and upon one hundred twenty (120) days' prior written notice to Licensee, relocate such <br />Equipment at Licensee's sole cost and expense whenever Licensor reasonably determines that the <br />relocation is needed for any of the following purposes: (a) if required for the construction, <br />modification, completion, repair, relocation, or maintenance of a Licensor or other public agency <br />project; (b) because the Equipment is interfering with or adversely affecting proper operation of <br />Licensor -owned Municipal Facilities; or (c) to protect or preserve the public health or safety. In <br />any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent <br />alternate location. If Licensee shall fail to relocate any Equipment as requested by the Licensor <br />within the one hundred twenty (120) days, Licensor shall be entitled to remove or relocate the <br />Equipment at Licensee's sole cost and expense, without further notice to Licensee. Licensee shall <br />pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal <br />work and any storage of Licensee's property after removal within thirty (30) days of the date of a <br />written demand for this payment from the Licensor. <br />6.8.3 To the extent the Licensor has actual knowledge thereof, the Licensor will <br />attempt promptly to inform Licensee of the displacement or removal of any Municipal Facility on <br />which any Equipment is located. <br />6.9 Unauthorized Equipment. If Licensor discovers any Equipment has been <br />installed on Municipal Facilities without authorization pursuant to a Supplement, Licensor may <br />send an invoice to Licensee for a sum equal to five (5) times the then -current License Fee (or <br />Alternate License Fee, if applicable) as compensation for the unauthorized attachments, and, <br />within sixty (60) days from the date of such invoice, Licensee shall (i) pay the invoiced amount to <br />Licensor and submit an Application for the unauthorized Equipment, or (ii) produce <br />documentation showing Licensor's prior approval of the Equipment identified in the invoice. If, <br />in accordance with this Section, Licensee fails to pay all fees and submit the Application or submit <br />documentation satisfactorily showing Licensor's prior approval within sixty (60) days of <br />Licensor's invoice, Licensor may remove the unauthorized Equipment at Licensee's expense. If <br />Licensor removes such unauthorized Equipment, such Equipment shall become the property of <br />Licensor, who shall have sole rights over such Equipment's disposition. Licensor's removal of <br />unauthorized Equipment shall not release Licensee from its obligation to pay those invoiced fees <br />accruing pursuant to this Section. <br />6.10 Termination of a Supplement. <br />6.10.1 Licensee shall have the right to terminate any Supplement on thirty (30) <br />days' notice to Licensor. In the event of such termination, removal of Equipment associated with <br />the terminated Supplement shall be governed by Section 6.11 below and Licensor shall retain any <br />License Fee (or Alternate License Fee, if applicable) paid. <br />6.10.2 Licensor shall have the right to terminate any Supplement in the following <br />circumstances: (a) if, after installation, Licensor determines the covered Equipment has been <br />inoperative or abandoned for sixty (60) consecutive days, and Licensee does not provide an <br />adequate explanation or commence to cure within thirty (30) days following notice; (b) if <br />Licensee's operation under a particular Supplement is deemed by Licensor to endanger or pose a <br />Page 12 of 23 <br />25F-14 <br />
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