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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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DocuSign Envelope ID: 7CD73A60-3C9D-4785-9DC5-9A381151512D <br />any storage of Licensee's property after removal within thirty (30) days of the date of a written <br />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 />threat to the public health, safety or welfare or interfere with the normal day-to-day operation of <br />any Licensor department or service; or (c) Licensor is mandated by law, a court order or decision, <br />or the federal, state, or local government to take certain actions that will cause or require the <br />removal of any Equipment. <br />6.11 Removal of Equipment. Within thirty (30) days after the expiration or earlier <br />termination of a Supplement, Licensee shall promptly, safely and carefully remove the Equipment <br />covered by the terminated or expired Supplement from the applicable Municipal Facility and <br />ROW. Within thirty (30) days after the expiration or earlier termination of the Agreement, <br />Licensee shall promptly, safely and carefully remove all Equipment from all the applicable <br />Municipal Facilities and ROW. If Licensee fails to complete this removal work pursuant to this <br />Section, then the Licensor, upon written notice to Licensee, shall have the right at the Licensor's <br />sole election, but not the obligation, to perform this removal work and charge Licensee for the <br />Page 12 of 23 <br />25F-42 <br />
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