AgdaPkt 2018-12-03 Joint SA PFA - Laserfiche WebLink

Browse Search

6.G. - Page 24 of 40 in Licensor's Conduit System. Licensee acknowledges and agrees that Licensor is entering into this Agreement in its capacity as a property owner of its Conduit System and not in its capacity as a regulatory agency. It is Licensee's sole obligation to identify and acquire all necessary permits and governmental approvals, including but not limited to a City Encroachment Permit (if required), prior to placement, maintenance or removal of Facilities in the Licensed Conduit. No use of the Licensed Conduit, or provision of compensation to Licensor required under this Agreement, shall create or vest in Licensee any ownership of property rights in such Licensed Conduit or the Conduit System. Licensee's rights herein are and shall remain a mere license. 2.2 Term. This Agreement shall become effective on the Effective Date and shall continue in effect for three (3) years (the "Initial Term"). At the expiration of the Initial Term, this Agreement will automatically renew for successive one (1) year periods (each a "Renewal Term" and collectively with the Initial Term the "Term") unless either Party provides the other Party with notice of its intent not to renew this Agreement at least one hundred eighty (180) days prior to the expiration of the Initial Term or the then current Renewal term. 2.3 Early Facility Removal. Upon written notice, electronically or other, Licensor may terminate this Agreement early if Licensor needs the space occupied by Licensee Facilities for Licensor service requirements or for other City needs or purposes. Upon notice, Licensee will remove all Facilities from the Licensed Conduit within a period of 180 days at Licensee expense. 2.4 Authorizations. Licensee represents and warrants that Licensee has secured (or will secure) and will maintain all authorizations, franchises, licenses, permits and consents (collectively referred to as "Permits") required for the installation, construction, operation and maintenance of the Facilities at its sole cost. If Licensee fails to apply for or pursue the Permits, such failure is deemed a material breach of this agreement, and the Licensor may terminate this Agreement pursuant to Section 5.1. 2.5 Non -Exclusive. The rights and privileges herein granted shall not be deemed exclusive and the right is hereby reserved to the Licensor to grant to any other person, company, corporation or association, including the Licensor, the right to use other space in the Licensed Conduit; provided that such grant to any other person, company, corporation or association, including the Licensor, does not disturb or negatively affect the Facilities installed in the Licensed Conduit pursuant to the rights and privileges herein granted to Licensee. ARTICLE 3 - PLACING, TRANSFERRING OR RELOCATING FACILITIES 3.1 Permit Application. Before placing any Facilities in the Licensed Conduit, Licensee shall submit a permit application and receive all required Permit for such placement, including but not limited to a City encroachment permit. 3.2 As-Builts. As a condition of this Agreement, Licensee shall provide to the Licensor, at no cost to Licensor, a copy of all as -built plans, maps and records, including revealing the final location and condition of its Facilities within the Licensed Conduit. Such records shall be provided in a format generally in use in the telecommunications industry and reasonably acceptable to Licensor. AT-FY/AGR/2015.149/ASTOUND CONDUIT ACCESS FOR SM COUNTY REV: 08-20-15 MLG Page 2 of 12 148