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Agmt99 Nextlink California
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Agmt99 Nextlink California
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Last modified
7/5/2005 3:03:28 PM
Creation date
5/19/2005 11:11:40 AM
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Template:
Agreement
Contractor Name
Nextlink California
PROJECT NAME
encroachment agreement
RMP File Number
304
Date
6/14/1999
Reso Ref
13640
Box
5901
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<br />otherwise delivered to the property owners, residents and business operators at <br /> <br />least seven (7) days prior to the start of construction. <br /> <br />17. Assianment. This Agreement shall not be assignable by NEXTLINK <br /> <br />without the explicit prior written approval of City, which approval shall not be <br /> <br />unreasonably withheld or delayed, provided, however, that NEXTLINK may <br /> <br />assign the rights granted herein to a parent, successor, subsidiary, joint venturer <br /> <br />or affiliate of NEXTLINK now or hereinafter existing, by only providing notice to <br /> <br />City of such assignment. <br /> <br />However, this Agreement shall be binding on <br /> <br />successors and assigns and shall be disclosed to assignee. Assignee shall <br /> <br />unconditionally acknowledge and assume NEXTLlNK's duties and obligations <br /> <br />under this Agreement in writing effective as of the date of assignment, or <br /> <br />NEXTLINK shall be in default under this Agreement and this Agreement shall be <br /> <br />subject to Termination. <br /> <br />18. Entire Aareement and Amendment. This Agreement contains the <br /> <br />entire understanding between the parties with respect to the subject matter <br /> <br />herein. There are no representations, agreement or understandings (whether <br /> <br />oral or written) between or among the parties relating to the subject matter of this <br /> <br />Agreement which are not fully expressed herein. This Agreement may not be <br /> <br />amended except pursuant to a written instrument signed by all parties. <br /> <br />19. Severability. <br /> <br />If anyone or more of the provisions, covenants, or <br /> <br />agreements or portions thereof provided in this Agreement shall be held by a <br /> <br />court of competent jurisdiction in a final judicial action to be void, voidable or <br /> <br />Sh/rwc/council/agmt <br />Agmt-26 1 <br />FXS/fs <br />05/11/99 <br /> <br />29 <br />
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