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AgdaPkt 2018-12-03 Joint SA PFA
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AgdaPkt 2018-12-03 Joint SA PFA
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Last modified
11/29/2018 5:57:51 PM
Creation date
11/29/2018 5:35:59 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
12/3/2018
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6.G. - Page 14 of 40 <br />with any costs incurred by Provider In obtaining or attempting to regain possession of such Equipment, including, but not <br />limited to, reasonable attorneys' fees. <br />ARTICLE 7. REPRESENTATIONS AND OBLIGATIONS <br />7.1 Customer Representations. Customer represents that: <br />(A) it has the full power and legal authority to execute, deliver and carry out the terms of the Agreement and that the <br />individual signing, this Master Agreement and any Order has the authority to do so; <br />(B) it has all permits, licenses and authorizations that may be required under contract and/or applicable federal, state and <br />local law, rules, regulations and ordinances to install, operate and maintain any equipment used in connection with the <br />Agreement, including without limitation, if applicable, the contractual right of entry to any properties on which any such <br />equipment is or will be located; <br />(C) any person who accesses any Services through Customer's equipment or network facilities in Customer's premises will <br />be an authorized user, will use the Services and/or equipment in an appropriate and legal manner will be subject to the <br />terms of the Agreement, Customer Is responsible for ensuring that all such users understand the Agreement and comply <br />with its terms; <br />(D) as of the date of the applicable Order Customer is in compliance with, and throughout the Service Term it shall comply <br />with, any and all applicable local, state and federal laws, rules, regulations, licensing requirements, and valid orders of <br />administrative agencies, governmental entities and courts of competent jurisdiction in connection with the operation of its <br />business and the performance of Its obligations under the Agreement. Customer shall maintain all permits, licenses, <br />permissions, authorizations, and rights that may be required under any applicable legal requirements or otherwise for the <br />performance of its obligations under the Agreement; <br />(E) it is in compliance with all laws, rules and regulations and court and governmental orders related to maintenance of its <br />corporate or other business status and/or to the operation of Its business; <br />(F) it has not and shall not during the Service Term enter into an agreement or arrangement that could limit the full <br />performance of its obligations under the Agreement; and <br />(G) it is under no obligation and shall not become subject to any obligation that may interfere with its performance of the <br />Agreement; <br />7.2 Customer ObIlizations. Customer Is responsible for payment of all Fees due in accordance with the Agreement and <br />shall comply with all other terms of the Agreement. <br />7.3 Provider Representations. Provider represents that: <br />(A) it has the full power and legal authority to execute, deliver and carry out the terms of the Agreement and that the <br />individual signing this Master Agreement and any Order has the authority to do so; <br />(B) it has all permits, licenses and authorizations that may be required under contract and/or applicable federal, state and <br />local law, rules, regulations and ordinances to install, operate and maintain any equipment used In connection with the <br />Agreement, including without limitation, if applicable, the contractual right of entry to any properties on which any such <br />equipment is or will be located; <br />(C) as of the date of the applicable Order Provider is in compliance with, and throughout the Service Term It shall comply <br />with, any and all applicable local, state and federal laws, rules, regulations, licensing requirements, and valid orders of <br />administrative agencies, governmental entities and courts of competent jurisdiction in connection with the operation of its <br />8 <br />ATTY/AGR/2013.176/ASTOUND BROADBAND - MSA <br />REV: 10-07-13 MLG <br />2013 ASTOUND BROADBAND <br />Proprietary and Confldentlal <br />138 <br />
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