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

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6.G. - Page 25 of 40 3.3 Conduit and Facilities Maintenance. (A) Should Licensor require relocation of any of Licensor's Conduit System which includes the Licensed Conduit, Licensor will notify Licensee of such requirement. Provided that the new location for the Licensed Conduit will afford Licensee substantially the same functionality as the previous location, including the ability of Licensee to access the Facilities at the same access points as are shown on Exhibit A, then Licensee shall reasonably cooperate with Licensor in the relocation of the Licensed Conduit. In such event, Licensee shall be responsible for the relocation of Licensee's Facilities. Licensee will not be entitled to reimbursement from Licensor for such relocation of Licensee's Facilities. Licensee shall provide notice to Licensor of the completion of such relocation. If, in the event of any requested relocation by Licensor, the new location Licensor proposes for the Licensed Conduit will not afford Licensee substantially the same functionality and access as the previous location, then Licensee may terminate this Agreement by delivering written notice to Licensor. (B) Licensee, at its own expense and risk and by the terms of this Agreement, shall place, transfer, rearrange and maintain its own Facilities in Licensor's Conduit. Licensee at all times shall perform such work promptly and in such manner as not to interfere with the service or facilities of Licensor or other authorized users of the Licensed Conduit. Licensee shall be responsible for the proper design and maintenance of its Facilities. Licensee shall permanently identify, by tags or other suitable means, all of its Facilities that are placed in the Licensed Conduit. (C) In the event Licensor determines that a particular condition or situation is an emergency, Licensor may relocate, replace, remove or disconnect Licensee's Facilities and transfer them to substituted conduit or perform any other work in connection with Licensee's Facilities that may be required during the emergency. Licensor shall endeavor to provide Licensee with the best practicable notice of the situation so that Licensor and Licensee, if possible, may coordinate their responses to the emergency. If notice is impractical during the emergency situation, Licensor shall notify Licensee of any emergency and any relocation, replacement or removal affecting Licensee's attachments, as soon as reasonably practicable. (D) Licensee shall have access to Licensor's maintenance duct to perform maintenance work and emergency repairs on its Facilities within the Licensed Conduit. Licensee will provide Licensor at least seventy two (72) hours advance notice of its need for such access provided. No advance notice shall be required in emergency response situations. 3.4 Continuous Licensor Operation. Licensee acknowledges that Licensor's circuits located in the Conduit System are to continue in normal operation during Licensee's performance of any construction or maintenance, and that Licensee is to provide and use all protective equipment necessary for the protection of Licensee's employees and equipment and to guard against interferences with normal operation of Licensor circuits. 3.5 Compliance with Safety Codes and Laws. Licensee shall place and maintain Facilities in Licensor Conduit in a safe condition and in thorough repair, and in compliance with such requirements and specifications in effect by Licensor. In addition, such placement, maintenance and repairs shall be performed in a good and workmanlike manner, in accordance with the specifications ATTY/AGR/2415.149/ASTOUND CONDUIT ACCESS FOR SM COUNTY REV: 08-2D-15 MLG Page 3 of 12 149