Agmt20 Sonic Telcom, LLC - Laserfiche WebLink

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ARTICLE 5 TERM AND TERMINATION 5.1 Duration. This Agreement shall remain in force for ten (10) years, subject to the City's authority to regulate the terms and conditions of Company's use of the Public Rights -Of - Way, and its right to terminate the Agreement pursuant to Section 5.2 below. If none of the grounds for termination listed in Section 5.2 exist at the end of the initial term (or any Renewal Term), the Agreement shall automatically renew for a one (1) year period (a "Renewal Term") on the same terms and conditions unless either party provides written notice to the other party at least six (6) months prior to the expiration of the then -current term stating it does not wish to renew the Agreement. For the sake of clarity, at the end of each Renewal Term this Agreement will renew for an additional Renewal Term unless it is terminated as described in the preceding sentence. In the event that Company loses its authorizations to use the Public Rights -Of -Way, including any CPCN, at any time during the initial term or a Renewal Term, then this Agreement shall automatically terminate. 5.2 Termination. The City may terminate this Agreement by giving thirty (30) days written notice of termination upon the occurrence of any of the following: 5.2.1 Reasonable determination by City that the provisions herein interfere with the use or disposal of the Public Rights -Of -Way or any part thereof by City. Where only a portion of Company's Facilities interfere with the use or disposal of the Public Rights -Of -Way, the City, at its sole discretion, may elect to require Company to relocate the said portion in accordance with Article 6 of this Agreement. 5.2.2 For failure, neglect, or refusal by the Company to fully and promptly comply with any and all of the conditions of this Agreement, or for nonuse in accordance with Section 6.2 herein, unless Company confirms within thirty (30) days of receipt of the notice that the cited condition has ceased, been corrected or, subject to the City's agreement, is diligently being pursued by the Company; 5.2.3 An order entered by a court of competent jurisdiction approving a petition in bankruptcy or ordering the dissolution, winding up or liquidation of Company or appointing a custodian, receiver, trustee, or other officer to administer a substantial part of Company's property. 5.2.4 The revocation, expiration or other loss of applicable permits or authorizations required by City, state or federal law for the use, maintenance or operation of the Facilities. 5.3 Occupancy/Removal/Abandonment upon Termination. Company shall discontinue use of the Facilities immediately upon termination of this Agreement and within one hundred and twenty (120) days after termination of this Agreement, Company shall either completely remove the Facilities at Company's sole cost and expense or, with City approval, abandon the Facilities in place. The provisions of Articles 6.2-6.4 shall govern any such removal or abandonment. Notwithstanding the foregoing, the City Engineer may require a shorter period due to exigent circumstances and may authorize a longer period if it is in the public interest. If Company fails to remove the Facilities within the prescribed time period and the City has not approved abandonment in place, the City may remove the Facilities at the expense of Company, and Company shall promptly reimburse the City for any and all expenses, including but not limited REV: 07-09-2020 PR ATTY/AGR.2020.122/Sonic Telecom, LLC (Page 7 of 19)