|
DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6EDC746lA47
<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 />actual costs and expenses, including, without limitation, reasonable administrative costs. Licensee
<br />shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any
<br />removal work and any storage of Licensee's property after removal within thirty (30) days of the
<br />date of a written demand for this payment from the Licensor. After the Licensor receives the
<br />reimbursement payment from Licensee for the removal work performed by the Licensor, the
<br />Licensor shall promptly make available to Licensee the property belonging to Licensee and
<br />removed by the Licensor pursuant to this Section at no liability to the Licensor. If the Licensor
<br />does not receive reimbursement payment from Licensee within such thirty (30) days, or if Licensor
<br />does not elect to remove such items at the Licensor's cost after Licensee's failure to so remove
<br />pursuant to this Section, or if Licensee does not remove Licensee's property within thirty (30) days
<br />of such property having been made available by the Licensor after Licensee's payment of removal
<br />reimbursement as described above, any items of Licensee's property remaining on or about the
<br />ROW, Municipal Facilities, or stored by the Licensor after the Licensor's removal thereof may, at
<br />the Licensor's option, be deemed abandoned and the Licensor may dispose of such property in any
<br />manner by allowed for by Law. Alternatively, the Licensor may elect to take title to abandoned
<br />property, and Licensee shall submit to the Licensor an instrument satisfactory to the Licensor
<br />transferring to the Licensor the ownership of such property. The provisions of this Section shall
<br />survive the expiration or earlier termination of this Agreement.
<br />6.12 Risk of Loss. Subject to the terms of this Agreement, Licensee shall bear all risks
<br />of loss or damage or relocation or replacement of its Equipment and materials installed in the ROW
<br />or on Municipal Facilities pursuant to this Agreement from any cause, and the Licensor shall not
<br />be liable for any cost of replacement or of repair to damaged Equipment, including, without
<br />limitation, damage caused by the Licensor's removal of the Equipment, except to the extent that
<br />such loss or damage was caused by the willful misconduct or negligence of the Licensor, including,
<br />without limitation, each of its elected officials, department directors, managers, officers, agents,
<br />employees, and contractors, subject to the limitation of liability provided in Section 7.3 below.
<br />6.13 Hazardous Substances. Licensee agrees that Licensee, its contractors,
<br />subcontractors, and agents, will not use, generate, store, produce, transport, or dispose any
<br />Hazardous Substance on, under, about or within the area of a ROW or Municipal Facility in
<br />violation of any Law. Except to the extent of the gross negligence or intentional misconduct of
<br />Licensor, Licensee will pay, indemnify, defend, and hold Licensor harmless against and to the
<br />extent of any loss or liability incurred by reason of any Hazardous Substance produced, disposed
<br />of, or used by Licensee pursuant to this Agreement. Licensee will ensure that any on -site or off -
<br />site storage, treatment, transportation, disposal or other handling of any Hazardous Substance will
<br />be performed by Persons who are properly trained, authorized, licensed and otherwise permitted
<br />to perform those services.
<br />6.14 Inspection. On a quarterly basis, Licensor will conduct regular safety inspections
<br />and oversight of Equipment on Municipal Facilities. Licensee shall have the right to be present at
<br />and observe any such inspections. Licensee shall pay Licensor for its reasonable costs for such
<br />safety inspections and oversight, which at the time of this Agreement have been established to be
<br />Page 13 of 22
<br />
|