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25F - AGMT - WIRELESS LICENSE
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06/02/2020
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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
Metadata
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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 />Licensee fails to comply with any of the conditions and obligations imposed hereunder, and if such <br />failure continues for more than thirty (30) days after written demand from the Licensor to <br />commence the correction of such noncompliance on the part of Licensee, the Licensor shall have <br />the right to revoke and terminate this Agreement, if such failure is in relation to the Agreement as <br />whole, or any individual Supplement, if such failure is in connection solely with such Supplement, <br />in addition to any other rights or remedies set forth in this Agreement or provided by law. <br />11.2 Cure Period. If the nature of the violation is such that it cannot be fully cured <br />within thirty (30) days due to circumstances not under Licensee's control, the period of time in <br />which Licensee must cure the violation shall be extended for such additional time reasonably <br />necessary to complete the cure, provided that: (a) Licensee has promptly begun to cure; and (b) <br />Licensee is diligently pursuing its efforts to cure. The Licensor may not maintain any action or <br />effect any remedies for default against Licensee unless and until Licensee has failed to cure the <br />breach within the time periods provided in these Sections 11.1 and 11.2. <br />11.3 Licensor Default. If Licensor breaches any covenant or obligation of Licensor <br />under this Agreement in any manner and if Licensor fails to commence to cure such breach within <br />thirty (30) days after receiving written notice from Licensee specifying the violation (or if Licensor <br />fails thereafter to diligently prosecute the cure to completion), then Licensee may enforce any and <br />all of its rights and/or remedies provided under this Agreement or by law or it may (although it <br />shall not be obligated to) cure Licensor's breach and/or perform Licensor's obligations (on <br />Licensor's behalf and at Licensor's expense) and require Licensor to reimburse to Licensee all <br />reasonable costs and expenses (including reasonable attorneys' fees) incurred in connection with <br />such cure and/or performance. <br />12. ASSIGNMENT AND CUSTOMER EQUIPNMNT. This Agreement shall be binding upon, and <br />inure to the benefit of, the successors and assigns of the parties. <br />12.1 Licensee shall not assign this Agreement or its rights or obligations to any firm, <br />corporation, individual, or other entity, without the prior written consent of Licensor. <br />Notwithstanding the foregoing, Licensee may assign or transfer the rights and privileges granted <br />herein to any parent or subsidiary of Licensee, to an entity with or into which Licensee may merge <br />or consolidate, to an entity which Licensee is controlled by, or is under common control with such <br />entity, or to any purchaser of all or substantially all of the assets of Licensee with prior notice to <br />Licensor but without the requirement for Licensor approval, so long as the successor provides <br />written confirmation to Licensor that it is then fully liable to the Licensor for compliance with all <br />terms and conditions of this Agreement. The Licensee shall reimburse the Licensor for all direct <br />and indirect costs and expenses reasonably incurred by the Licensor in considering a request to <br />transfer or assign this Agreement. <br />12.2 Licensee need not own all components of Equipment subject to this Agreement, <br />and may permit its customers to maintain ownership of Equipment components. However, (1) all <br />Equipment must be wholly under the control and management of Licensee; and Licensee shall be <br />liable for all acts or omissions, and all harms associated with the Equipment whether the same are <br />its acts or omissions, or the acts or omissions of the owner of the Equipment; and (2) Licensee <br />acknowledges and agrees that no rights of ownership in Equipment by Licensee's customers shall <br />permit any such customer to enter upon, or use the any portion of the Municipal Facilities or the <br />Page 18 of 23 <br />25F-48 <br />
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