Agmt01 Qwest Communications - Laserfiche WebLink

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perform work to the residents and business operators of all properties adjacent to the streets and/or right(s)-of-way where QWEST will be excavating. Unless otherwise agreed by City, said notice, shall be posted or otherwise delivered to the residents and business operators as listed on the most recent assessor's tax roll at least seven (7) days prior to the start of construction. 17. Assi.qnment. This Agreement shall not be assignable by QWEST without the explicit prior written approval of City, which approval shall not be unreasonably withheld, conditioned, or delayed, provided, however, that QWEST may assign the rights granted herein to a parent, successor, subsidiary, joint venturer or affiliate of QWEST now or hereinafter existing, by only providing notice to City of such assignment. However, this Agreement shall be binding on successors and assigns and shall be disclosed to assignee. Assignee shall unconditionally acknowledge and assume QWEST' duties and obligations under this Agreement in writing effective as of the date of assignment, or QWEST shall be in default under this Agreement and this Agreement shall be subject to Termination. 18. Entire Agreement and Amendment. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreement or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. This Agreement may not be amended except pursuant to a written instrument signed by all parties. 19. Severability. If any one or more of the provisions, covenants, or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or such pot[ions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement, and the parties shall negotiate in good faith to replace any such covenant, agreement or portion found to be null Agmt-433 21 F:/S hared/Redwood/Coun cil FXS:djk oi/o4/ol