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25F - AGMT - WIRELESS LICENSE
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25F - AGMT - WIRELESS LICENSE
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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 />Equipment, in any other manner or at any other place, including to add to, or modify or install <br />Equipment, which shall be Licensee's sole responsibility. Further, Licensee may not install <br />Equipment it does not own on Municipal Facilities, unless the entity for on whose behalf the <br />Equipment has been installed acknowledges and agrees, in a form acceptable to the Licensor: that <br />the Licensor has not granted it a consent to be in the ROW for any purpose; that it is bound by <br />Licensee's representations, obligations and duties hereunder; that it shall have no rights or claims <br />against the Licensor of any sort related to the Equipment or Municipal Facilities; that its Equipment <br />may be subject to taxes, fees or assessments as provided in the Laws or the Agreement, and that <br />Licensor may treat any Equipment owned by such entity as if it were owned by Licensee for all <br />purposes (including, but not limited to, removal and relocation); and that the Equipment may only <br />be used for the purposes and uses permitted herein. Such acknowledgement may be provided for <br />all Equipment on Municipal Facilities, and need not be provided separately, site by site. <br />13. REcoRDs; AUDITS. <br />13.1 Records Required by Code. Licensee will maintain complete records pursuant to <br />all applicable Laws. <br />13.2 Additional Records. The Licensor may require such additional reasonable non - <br />confidential information, records, and documents from Licensee from time to time as are <br />appropriate in order to reasonably monitor compliance with the terms of this Agreement. <br />13.3 Production of Records. Licensee shall provide such records within twenty (20) <br />business days of a request by the Licensor for production of the same unless additional time is <br />reasonably needed by Licensee, in which case, Licensee shall have such reasonable time as needed <br />for the production of the same. If any person other than Licensee maintains records on Licensee's <br />behalf, Licensee shall be responsible for making such records available to the Licensor for auditing <br />purposes pursuant to this Section. <br />13.4 Public Records. Licensee acknowledges that information submitted to Licensor <br />may be open to public inspection and copying under California law. <br />14. MISCELLANEOUS PROVISIONS. The provisions that follow shall apply generally to the <br />obligations of the parties under this Agreement. <br />14.1 Waiver of Breach. The waiver by either party of any breach or violation of any <br />provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any <br />subsequent breach or violation of the same or any other provision of this Agreement. <br />14.2 Contacting Licensee. Licensee shall be available to the staff and/or employees of <br />any Licensor department having jurisdiction over Licensee's activities 24 hours a day, seven days <br />a week, regarding problems or complaints resulting from the attachment, installation, operation, <br />maintenance, or removal of the Equipment. The Licensor may contact by telephone the Licensee's <br />network control center operator at telephone number 888-632-0931. <br />14.3 Governing Law; Jurisdiction. This Agreement shall be governed and construed <br />by and in accordance with the laws of the State of California, without reference to its conflicts of <br />Page 19 of 23 <br />25F-49 <br />
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