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Agmt21 Cingular_ATT Small Cell
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Agmt21 Cingular_ATT Small Cell
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Last modified
1/5/2022 12:43:57 PM
Creation date
1/5/2022 12:43:43 PM
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Agreement
Contractor Name
At&T
PROJECT NAME
Licensee desires to use space on certain Municipal Facilities in the Public Way for installation, operation and maintenance of its Equipment
Date
12/21/2021
MO Ref
21-194
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REV: 10-28-2021 SK <br />13.1.Records Required by Code. Licensee will maintain complete <br />records pursuant to all applicable Laws. <br />13.2.Additional Records. The City may require such additional <br />reasonable non-confidential information, records, and documents from Licensee <br />from time to time as are appropriate in order to reasonably monitor compliance with <br />the terms of this Agreement. <br />13.3.Production of Records. Licensee shall provide such records within <br />twenty (20) business days of a request by the City for production of the same, unless <br />additional time is reasonably needed by Licensee, in which case, Licensee shall <br />have such reasonable time as needed for the production of the same. If any person <br />other than Licensee maintains records on Licensee’s behalf, Licensee shall be <br />responsible for making such records available to the City for auditing purposes <br />pursuant to this Section. <br />13.4.Public Records. Licensee acknowledges that information submitted <br />to City may be open to public inspection and copying under the Law. <br />14.MISCELLANEOUS PROVISIONS. The following provisions apply <br />generally to the obligations of the Parties under this MLA. <br />14.1.Nonexclusive Use. Licensee acknowledges that this MLA does not <br />provide Licensee with exclusive use of any Municipal Facility and that City retains <br />the right to install and to permit others to install equipment or devices in or on <br />Municipal Facilities (e.g., to allow collocation) provided the same does not <br />materially interfere with Licensee’s use of the Municipal Facility (unless required <br />to serve City’s own primary service requirements). <br />14.2.Waiver of Breach. The failure of the City to take action to enforce <br />compliance with any of the terms or conditions of this MLA shall not constitute a <br />waiver or relinquishment of any term or condition of this MLA. The waiver by <br />either Party of any breach or violation of any provision of this MLA will not be <br />deemed to be a waiver or a continuing waiver of any subsequent breach or violation <br />of the same or any other provision of this MLA. <br />14.3.Severability of Provisions. If any provision of this MLA is held by <br />court of competent jurisdiction in a final judicial action to be void, voidable, or <br />unenforceable, that provision will be deemed to be severable from the remaining <br />provisions of this MLA and will not affect the legality, validity, or constitutionality <br />of the remaining portions of this MLA. Each Party represents that it would have <br />entered into this MLA, and each of its provisions, regardless of whether any one or <br />more provisions may be declared illegal, invalid, or unconstitutional. <br />14.4.Contacting Licensee. Licensee will be available to the employees <br />of any City department having jurisdiction over Licensee’s activities 24 hours a <br />day, seven days a week, regarding problems or complaints resulting from the <br />attachment, installation, operation, maintenance, or removal of the Equipment. City <br />may contact by telephone the Licensee at telephone number _800-638-2822 <br />regarding these problems or complaints. <br />ATTY/AGR.2021.274/New CIngular Wireless/AT19 (Page 19 of 27)
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