Agmt21 Crown Castle Fiber - Laserfiche WebLink

Browse Search

REV: 10-26-2021 SK is likely to interfere with, Licensee’s Equipment. In the performance and exercise of its rights and obligations under this MLA, Licensee must not interfere in any manner with the existence and operation of any existing (as of the Installation Date) public or private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television and telecommunications facilities, utilities, existing and future licensed municipal communication frequencies, or existing and future Municipal Facilities, without the express approval of the owner or owners of the affected property or properties, except as authorized by applicable Laws or this MLA. If such interference should occur, Licensee shall discontinue using the Equipment, methodology or technology that causes the interference until Licensee takes corrective measures to eliminate such interference. In the event that such interference does not cease promptly, the Parties acknowledges that continuing interference may cause irreparable injury and harm, and therefore, in addition to any other remedies, and without limitation of any other remedy, the non-interfering party shall be entitled to seek temporary and permanent injunctions against the breach of this Subsection. 3.4.Disconnect Switch. Licensee shall install a disconnect device at each Municipal Facility on which it installs Equipment pursuant to an SLA so that in case of emergency or if Licensee abandons its Equipment as determined by City, the City may disconnect such Equipment from its power source and safely shut it down. 3.5.Compliance with Laws. Licensee will comply with all applicable Laws, including regulations and PUC General Orders, in the exercise of its rights and the performance of its obligations under this MLA. 3.6.No Authorization to Install Unauthorized Equipment or Provide Other Services. Licensee represents that its Equipment installed pursuant to this MLA will be used solely for the purpose of providing the Services, and Licensee will not install unauthorized Equipment for any purpose or use its authorized Equipment to offer or provide any other services. Licensee’s failure to comply with these limitations will constitute a material breach of this MLA. If City discovers any Equipment has been installed on Municipal Facilities without authorization pursuant to an SLA, City may send an invoice to Licensee for a sum equal to five (5) times the then-current Annual Fee as compensation for the unauthorized attachments, and, within sixty (60) days from the date of such invoice, Licensee shall (i) pay the invoiced amount to City and submit an Application for the unauthorized Equipment, or (ii) produce documentation showing City’s prior approval of the Equipment identified in the invoice. If, in accordance with this Section, Licensee fails to pay all fees and submit the Application or submit documentation satisfactorily showing City’s prior approval within sixty (60) days of City’s invoice, City may remove the unauthorized Equipment at Licensee’s expense. If City removes such unauthorized Equipment, such Equipment shall become the property of City, who shall have sole rights over such Equipment’s disposition. City’s removal of unauthorized Equipment shall not release Licensee from its obligation to pay those invoiced fees accruing pursuant to this Section. ATTY/AGR.2021.268/Crown Castle (Page 5 of 28)