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343 <br /> <br />default is not cured within thirty (30) days of receipt of written <br />notice of default (or, if such default is not curable within thirty <br />(30) days, if the defaulting party fails to commence such cure <br />within thirty (30) days or fails to thereafter diligently prosecute <br />such cure to completion), provided that the grace period for any <br />monetary default is ten (10) days from receipt of notice. <br /> <br />11. MISCELLANEOUS PROVISIONS. <br /> <br /> 11.1 This Franchise shall not be assigned by Metricom without <br />the express written consent of the City, which consent shall not be <br />unreasonably withheld. Any attempted assignment in violation of <br />this Section shall be void. The transfer of the rights and <br />obligations of Metricom to a parent, subsidiary, or other affiliate <br />of Metricom, or to any successor-in-interest or entity acquiring <br />fifty-one percent (51 %) or more of Metricom's stock or assets, <br />shall not be deemed an assignment. Metrlcom shall give to the city <br />thirty (30) days' prior written notice of any such transfer. <br /> <br /> 11.2 City understands that Metricom will be operating in the <br />902 to 928 F~qz band of the radio spectrum for which no license from <br />the FCC is required. Metricom understands that this Franchise'does <br />not provide Metricom with exclusive use of any city poles or <br />property and that City shall have the light to permit other <br />providers of telecommunications services to install equipment or <br />devices in the Public Right of Way. However, city agrees to <br />promptly notify Metricom of the receipt of a proposal for the <br />installation of communications equipment or devices in the Public <br />Right of Way, irrespective of whether a license is required by the <br />FCC for the operation thereof. In addition, city agrees to advise <br />such other providers of telecommunications services of the presence <br />or planned deployment of the Radios in the Public Right of Way. <br /> <br /> 11.3 This Franchise contains the entire understanding between <br />the parties with respect to the subject matter herein. There are <br />no representations, agreements or understandings (whether oral or <br />written) between or among the parties relating to the subject <br />matter of this Franchise which are not fully expressed herein. <br /> <br /> 11.4 This Franchise may not be amended except pursuant to a <br />written instrument signed by both parties. <br /> <br /> 11.5 If any one or more of the Provisions of this Franchise <br />shall be held by court of competent jurisdiction in a final <br />judicial action to be illegal, invalid, or unconstitutional, such <br />Provision(s) shall be deemed severable from the remaining Provi- <br />sions of this Franchise and shall in no way affect the validity of <br />the remaining portions of this Franchise. The Council hereby <br />declares that it would have passed this Franchise and each <br />Provision hereof irrespective of the fact that any one or more <br />Provisions be declared illegal, invalid, or unconstitutional. <br /> <br />12 <br /> <br /> <br />