|
5.2.2 For failure, neglect, or refusal by the Company to fully and promptly comply
<br />with any and all of the conditions of this Agreement, or for nonuse in accordance with Section 6.2
<br />herein, unless Company confirms within thirty (30) days of receipt of the notice that the cited
<br />condition has ceased, been corrected or, subject to the City's agreement, is diligently being pursued
<br />by the Company;
<br />5.2.3 An order entered by a court of competent jurisdiction approving a petition in
<br />bankruptcy or ordering the dissolution, winding up or liquidation of Company or appointing a
<br />custodian, receiver, trustee, or other officer to administer a substantial part of Company's property.
<br />5.2.4 The revocation, expiration or other loss of applicable permits or authorizations
<br />required by City, state or federal law for the use, maintenance or operation of the Facilities.
<br />5.3 Occupancy/Removal/Abandonment upon Termination. Company shall
<br />discontinue use of the Facilities immediately upon termination of this Agreement and within one
<br />hundred and twenty (120) days after termination of this Agreement, Company shall either
<br />completely remove the Facilities at Company's sole cost and expense or, with City approval,
<br />abandon the Facilities in place. The provisions of Articles 6.2-6.4 shall govern any such removal or
<br />abandonment. Notwithstanding the foregoing, the City Engineer may require a shorter period due to
<br />exigent circumstances and may authorize a longer period if it is in the public interest. If Company
<br />fails to remove the Facilities within the prescribed time period and the City has not approved
<br />abandonment in place, the City may remove the Facilities at the expense of Company, and Company
<br />shall promptly reimburse the City for any and all expenses, including but not limited to
<br />administrative, legal and consultant costs, within thirty (30) days after receiving an invoice from the
<br />City.
<br />ARTICLE 6
<br />REMOVAL, RELOCATION AND ABANDONMENT
<br />6.1 Upon receipt of a written demand from the City, Company, at its sole cost and
<br />expense, shall remove and relocate any Facilities installed, used and/or maintained by Company
<br />under this Agreement when such removal or relocation is made necessary (a) due to any work
<br />proposed to be done by or on behalf of the City or other governmental agency, including but not
<br />limited to, any change of grade, alignment or width of any street, sidewalk or other public facility,
<br />installation of curbs, gutters or landscaping and installation, construction, maintenance or operation
<br />of any underground or aboveground facilities such as sewers, drains, pipes, power lines, and tracks
<br />or (b) due to a determination by the City that the Facilities are detrimental to governmental activities.
<br />Company shall complete the removal or relocation within ninety (90) days of receipt of notice from
<br />the City or according to an agreed upon schedule with the City of no less than ninety (90) days.
<br />Notwithstanding the foregoing, the City Engineer may require a shorter period due to exigent
<br />circumstances and may authorize a longer period if it will not delay the public project. If Company
<br />fails to remove or relocate the facilities within the prescribed time period, City may remove the
<br />facilities at the expense of Company, and Company shall promptly reimburse the City for any and all
<br />expenses, including administrative, legal and consultant costs, within thirty (30) days after receiving
<br />an invoice from the City. Any removal or relocation work by Company shall only be done pursuant
<br />to an encroachment permit. All of the foregoing shall be subject to all applicable rules, requirements
<br />and procedures of the California Public Utilities Commission.
<br />Page 8 of 19
<br />REV: 04-13-1715
<br />ATTY/AGR.2017.082/ExteNet Systems (California) LLC - Fiber Optic Facilities
<br />
|