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Agmt17 Zayo Group, LLC
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Agmt17 Zayo Group, LLC
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Last modified
4/3/2017 8:41:02 AM
Creation date
4/3/2017 8:40:38 AM
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Agreement
Contractor Name
Zayo Group, LLC
PROJECT NAME
Installation of Fibre Optic Facilities
RMP File Number
304.5
Date
3/30/2017
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4.2.2 Thirty days after the City's mailing of notice of the cash deposit or <br />bond forfeiture or withdrawal authorized herein, Company shall deposit such further cash or <br />bond, or other security, as the City may require, which is sufficient to bring the amount of <br />each Existing Security back to its original amount. <br />4.2.3 The rights reserved to the City with respect to any Existing Security <br />are in addition to all other rights of the City whether reserved by this Agreement or authorized <br />by law, and no action, proceeding, or exercise of a right with respect to any cash deposit or <br />bond shall constitute an election or waiver of any rights or other remedies the City may have. <br />4.3 Other Security Provisions. <br />4.3.1 If any Existing Security is a corporate surety bond and, in the opinion <br />of the City, any surety or sureties thereon become insufficient, Company shall renew or <br />replace any such surety with good and sufficient surety or sureties within ten (10) days after <br />receiving from City written demand thereof. <br />4.3.2 Any Existing Security consisting of corporate surety bonds shall be <br />kept on file with the City Engineer. If a corporate surety bond is replaced by another approved <br />bond, the replacement shall be filed with the City Engineer and made a part of and <br />incorporated into this Agreement. Upon filing and approval by the City Engineer of a <br />replacement bond, the former Existing Security shall be released. <br />4.3.3 In addition to the requirements of this Agreement, whenever Company <br />applies for an encroachment permit to perform work under this Agreement, Company shall <br />provide the securities required by the City's encroachment permit application, and no Existing <br />Security shall be considered as satisfying the requirements of the City's encroachment permit <br />application unless so authorized by the City Engineer in his or her sole discretion. <br />ARTICLE 5 <br />TERM AND TERMINATION <br />5.1 Duration. This Agreement shall remain in force for ten (10) years, subject to the <br />City's authority to regulate the terns and conditions of Company's use of the Public Rights -Of -Way, <br />and its right to terminate the Agreement pursuant to Section 5.2 below. If none of the grounds for <br />termination listed in Section 5.2 exist at the end of the initial term (or any Renewal Term), the <br />Agreement shall automatically renew for a one (1) year period (a "Renewal Term") on the same <br />terms and conditions unless either party provides written notice to the other party at least six (6) <br />months prior to the expiration of the then -current term stating it does not wish to renew the <br />Agreement. For the sake of clarity, at the end of each Renewal Term this Agreement will renew for <br />an additional Renewal Term unless it is terminated as described in the preceding sentence. In the <br />event that Company loses its authorizations to use the Public Rights -Of -Way, including any CPCN, <br />at any time during the initial term or a Renewal Term, then this Agreement shall automatically <br />terminate. <br />5.2 Termination. The City may terminate this Agreement by giving thirty (30) days <br />written notice of termination upon the occurrence of any of the following: <br />ATTY/AGR/2017.035/ZAYO GROUP, LLC—FIBER OPTIC FACILITIES <br />REV: 02-14-1715 <br />Page 6 of 16 <br />
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