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AgdaPkt 2020-12-21 Amended Joint SA PFA
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AgdaPkt 2020-12-21 Amended Joint SA PFA
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Last modified
1/5/2021 12:51:59 PM
Creation date
12/18/2020 5:45:35 PM
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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
12/21/2020
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6.C. - Page 9 of 28 <br />is likely to interfere with, Licensee's Equipment. In the performance and exercise <br />of its rights and obligations under this MLA, Licensee must not interfere in any <br />manner with the existence and operation of any existing (as of the Installation Date) <br />public or private rights-of-way, sanitary sewers, water mains, storm drains, gas <br />mains, poles, aerial and underground electrical and telephone wires, electroliers, <br />cable television and telecommunications facilities, utilities, existing and future <br />licensed municipal communication frequencies, or existing and future Municipal <br />Facilities, without the express approval of the owner or owners of the affected <br />property or properties, except as authorized by applicable Laws or this MLA. If <br />such interference should occur, Licensee shall discontinue using the Equipment, <br />methodology or technology that causes the interference until Licensee takes <br />corrective measures to eliminate such interference. In the event that such <br />interference does not cease promptly, the Parties acknowledges that continuing <br />interference may cause irreparable injury and harm, and therefore, in addition to <br />any other remedies, and without limitation of any other remedy, the non -interfering <br />party shall be entitled to seek temporary and permanent injunctions against the <br />breach of this Subsection. <br />3.4. Disconnect Switch. Licensee shall install a disconnect device at <br />each Municipal Facility on which it installs Equipment pursuant to an SLA so that <br />in case of emergency or if Licensee abandons its Equipment as determined by City, <br />the City may disconnect such Equipment from its power source and safely shut it <br />down. <br />3.5. Compliance with Laws. Licensee will comply with all applicable <br />Laws, including regulations and PUC General Orders, in the exercise of its rights <br />and the performance of its obligations under this MLA. <br />3.6. No Authorization to Install Unauthorized Equipment or <br />Provide Other Services. Licensee represents that its Equipment installed pursuant <br />to this MLA will be used solely for the purpose of providing the Services, and <br />Licensee will not install unauthorized Equipment for any purpose or use its <br />authorized Equipment to offer or provide any other services. Licensee's failure to <br />comply with these limitations will constitute a material breach of this MLA. If City <br />discovers any Equipment has been installed on Municipal Facilities without <br />authorization pursuant to an SLA, City may send a notice to remove the <br />unauthorized attachments, and, within sixty (60) days from the date of such notice, <br />Licensee shall (i) remove the unauthorized Equipment, (ii) submit an Application <br />for the unauthorized Equipment, or (iii) produce documentation showing City's <br />prior approval of the Equipment identified in the invoice. If, in accordance with <br />this Section, Licensee fails to remove the unauthorized Equipment, submit the <br />Application or submit documentation satisfactorily showing City's prior approval <br />within sixty (60) days of City's notice, City may remove the unauthorized <br />Equipment at Licensee's expense. If City removes such unauthorized Equipment, <br />such Equipment shall become the property of City, who shall have sole rights over <br />such Equipment's disposition. <br />REV: 12-15-2020 PR <br />ATTY/AGR.2020.296/Master License Agreement (Page 5 of 24) <br />102 <br />
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