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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 />advance written notice as practicable, and will give at least six (6) months' prior <br /> <br />written notice of the intent to change the service provided by way of the Fiber <br /> <br />Optic Network Facilities installed <br /> <br />under this Agreement. <br /> <br />NEXTLINK <br /> <br />acknowledges that any expansion or change in the character or nature of the <br /> <br />Telecommunications Services may increase City's regulatory authority over such <br /> <br />services. The expansion or change in services may require NEXTLINK to enter <br /> <br />into a new Agreement with City consistent with the requirements of a hereinafter- <br /> <br />enacted City ordinance which may regulate such services or the expansion or <br /> <br />change in services, if such expansion or change in services falls under the lawful <br /> <br />regulation, jurisdiction or authority of City. <br /> <br />6. No Franchise RiQhts Created. Nothing in this Agreement shall be <br /> <br />construed as granting or creating any franchise rights. <br /> <br />7. Reservation of RiQhts. The City is uncertain as to its legal ability to <br /> <br />regulate and to impose taxes, charges and fees on the provision or use of fiber <br /> <br />optics infrastructure and technology and related activities and services that may <br /> <br />be provided pursuant to the installation subject to this Agreement. Therefore, City <br /> <br />reserves any and all rights it may have now or in the future to legally regulate or <br /> <br />otherwise condition the use of the fiber optics infrastructure and technology and <br /> <br />related activities and services to be provided pursuant to the installation subject to <br /> <br />this Agreement. <br /> <br />City's agreement hereto is not a waiver of and is without prejudice to any <br /> <br />right City may have or acquire under law to regulate, tax or impose fees or <br /> <br />Sh/rwc/councillagmt <br />Agmt-26\ <br />FXS/fs <br />05/11/99 <br /> <br />9 <br />
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