Res17 15626 - Laserfiche WebLink

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11/13/2017 and acceptance (if a public facility) or completion thereof (if a private facility). Permittee shall undertake necessary corrective work and repairs within ten (10) business days of receipt of City's notice of defective work and shall complete repairs and corrective work diligently. J. Permittee shall not use or permit the use of any PDD in any manner that would tend to create a nuisance or in a way that compromises the public health, safety, or welfare, or the public's use of the right-of-way. K. All of Permittee's activities shall be performed at Permittee's sole cost, risk and expense. This permit does not entitle Permittee to install any improvements on any property within the City. L. The term of this Permit shall commence on the date the Permit is issued and shall continue in full force until December 31, 2018, unless earlier terminated pursuant to the terms of this Permit. M. City may at its sole option freely terminate the pilot program or revoke this Permit at any time without cause or liability, and without any obligation to pay any consideration to Permittee. Upon any expiration, revocation or termination, Permittee shall immediately stop operations. N. Permittee shall ensure adequate visibility of the PDD during daytime and nighttime hours of use. PDDs operated during darkness shall have reflectors at least in front and back that are visible from at least 200 feet away, and lights that cover the direction of movement including white lights in front and red lights in the back that are visible from at least 300 feet away. O. If any term, provision or condition of this Permit is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Permit shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged thereby. P. This Permit, and the rights and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Permit shall be filed in the Superior Court of San Mateo County, California or in the Federal District Court for the Northern District of California. Q. The rights granted hereby are personal to Permittee and may not be transferred or assigned by operation of law or otherwise without the written consent of City. Nothing in this Permit is intended to or shall confer upon any person other than the Permittee and City any rights or remedies hereunder. Page 9 of 10 ATTY/RESO.0098/CC RESOLUTION FOR PILOT EXTENSION RESO. NO. 15626 REV: 11-03-1715 MUFF NO. 604