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Agmt00 Williams Communications
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Agmt00 Williams Communications
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Last modified
7/21/2005 12:24:13 PM
Creation date
7/19/2005 9:58:05 AM
Metadata
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Template:
Agreement
Contractor Name
Williams Communications
PROJECT NAME
Encroachment Permit
RMP File Number
304
Date
4/21/2000
Reso Ref
13867
Box
5941
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<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 court <br /> <br />of competent jurisdiction in a final judicial action to be void, voidable or <br /> <br />unenforceable, such covenant or covenants, such agreement or agreements, or <br /> <br />such portions thereof shall be null and void and shall be deemed separable from <br /> <br />the remaining covenants or agreements or portions thereof and shall in no way <br /> <br />affect the validity or enforceability of the remaining portions of this Agreement, and <br /> <br />the parties shall negotiate in good faith to replace any such covenant, agreement <br /> <br />or portion found to be null and void. <br /> <br />20. Third-Partv Modifications. This Agreement shall be subject to such <br /> <br />changes or modifications as may be required or authorized by any regulatory body <br /> <br />or commission in the exercise of its lawful jurisdiction and any modification, <br /> <br />revision, renewal, or extension of this Agreement shall so state. <br /> <br />21. Termination. <br /> <br />(a) This Agreement may be terminated by City upon ninety (90) days written <br />notice to WILLIAMS if City determines in a non-discriminatory manner, that the <br /> <br />provisions herein interfere with the use or disposal of said Public Right-of-Way or <br /> <br />any part thereof by City. Where only a portion of WILLIAMS' Fiber Optic Network <br /> <br />Facilities interferes with the use or disposal of said Public Right-of-Way, <br /> <br />WILLIAMS may relocate the said portion in accordance with Paragraph 8 of this <br /> <br />Agreement. This Agreement may be terminated by City for failure, neglect or <br /> <br />RWC/Council/Agmy <br />Agnn-341 <br />FXS/fs <br />03/28/00, 03130/00R <br />
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