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NS-2297
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Last modified
1/3/2012 1:02:28 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2297
Date
9/3/1996
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345 <br /> <br /> 11.6 Metricom shall be available to the staff employees of any <br />city department having jurisdiction over Metricom's activities 24 <br />hours a day, 7 days a week, regarding problems or complaints <br />resulting from the attachment, installation, operation, mainte- <br />nance, or removal of the Radios. The city may contact by telephone <br />the network control center operator at telephone number (800) 556- <br />6123 regarding such problems or complaints. <br /> <br /> 11.7 This Franchise shall be governed ~nd construed by and in <br />accordance with the laws of the State of California. In the event <br />that suit is brought by a party to this Franchise, the parties <br />agree that trial of such action shall be vested exclusively in the <br />state courts of California, County of Orange, or in the United <br />States District Court, Central District of California, in the <br />County of Orange. <br /> <br /> 11.8 All exhibits referred to in this Franchise and any <br />addenda, attachments, and schedules which may, from time to time, <br />be referred to in any duly executed amendment to this Franchise are <br />by such' reference incorporated in this Franchise and shall be <br />deemed a part of this Franchise. <br /> <br /> 11.9 This Franchise is binding upon the successors and assigns <br />of the parties hereto. <br /> <br /> Metricom acknowledges that the city may develop <br />rules, regulations, and specifications for the attachment, <br />installation, and removal of Radios and any similar purpose radios <br />on the city-owned facilities, including poles, and such rules, <br />regulations, and specifications, and when finalized, shall govern <br />Metricom's activities hereunder as if they were in effect at the <br />time this Franchise was executed by the City; provided, however, <br />that in no event shall such rules, regulations or specifications <br />materially interfere with or affect Metricom's right to install <br />Radios, or Metricom's ability to transmit or receive radio signals <br />from Radios installed, pursuant to and in accordance with this <br />Franchise. <br /> <br /> 11.11 To the extent the city has actual knowledge thereof, <br />the city will attempt to inform Metricom of the displacement of any <br />pole on which any Radio is located. <br /> <br /> 11.1Z In any case where the approval or consent of one party <br />hereto is required, requested or otherwise to be given under this <br />Franchise, such party shall not unreasonably delay or withhold its <br />approval or consent. <br /> <br /> 11.15 This Franchise shall not become effective until <br />written acceptance thereof has been filed by Metricom with city's <br />City Clerk. By accepting this Franchise, Metricom covenants and <br />agrees to perform and be bound'by each and all of the terms and <br />conditions imposed by the Charter and Code of the City and this <br /> <br />13 <br /> <br /> <br />
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