Agmt21 ExteNet Systems MLA - Laserfiche WebLink

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REV: 10-28-2021 MI Section 5.3, Licensee expressly waives any rights under California Civil Code Section 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 5.5. Licensee acknowledges that City may require Licensee to relocate one or more of its Equipment installations. Licensee will at City’s direction relocate that Equipment, at Licensee’s sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Equipment is interfering with or adversely affecting proper operation of Municipal Facilities; or (c) to protect or preserve the public health or safety. Within ninety (90) days after receipt of notice from the City, Licensee shall, at Licensee’s cost and expense, relocate the Equipment, or in the alternative, Licensee may terminate the respective SLA upon notice to City. If Licensee fails to relocate any Equipment as requested by the City in ninety (90) days under the circumstances described above, City is entitled to relocate the Equipment at Licensee’s sole cost and expense, upon at least ten (10) business days’ written notice to Licensee. To the extent, City has actual knowledge thereof; the City will endeavor promptly to inform Licensee of the displacement or removal of any Municipal Facility on which any Equipment is located. Licensee’s obligations to reimburse the City for relocation of Equipment under this section shall survive the expiration or termination of this MLA. 5.6.Relocations at Licensee’s Request. If Licensee desires to relocate any Equipment from one Municipal Facility to another, Licensee must so advise City by submitting an application for an SLA for the new location. City will use reasonable efforts to accommodate Licensee by making another reasonably equivalent, existing Municipal Facility at the alternative site or sites proposed by Licensee available for use in accordance with and subject to the terms and conditions of this MLA. 5.7.Make Ready. 5.7.(i) Make Ready Work and Costs: (a) Licensee shall bear responsibility for all Make Ready Work. If a Person other than Licensee or City would have to rearrange or adjust any of its facilities in order to accommodate new Equipment, Licensee shall be responsible, at Licensee’s sole expense, to coordinate such activity. Licensee shall be responsible for directly paying such other Person for its charges for the same. If ATTY/AGR.2021.273/ExteNet Systems (Page 9 of 28)