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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 />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 an invoice to Licensee for a sum <br />equal to five (5) times the then-current Annual Fee as compensation for the <br />unauthorized attachments, and, within sixty (60) days from the date of such invoice, <br />Licensee shall (i) pay the invoiced amount to City and submit an Application for <br />the unauthorized Equipment, or (ii) produce documentation showing City’s prior <br />approval of the Equipment identified in the invoice. If, in accordance with this <br />Section, Licensee fails to pay all fees and submit the Application or submit <br />documentation satisfactorily showing City’s prior approval within sixty (60) days <br />of City’s invoice, City may remove the unauthorized Equipment at Licensee’s <br />expense. If City removes such unauthorized Equipment, such Equipment shall <br />become the property of City, who shall have sole rights over such Equipment’s <br />disposition. City’s removal of unauthorized Equipment shall not release Licensee <br />from its obligation to pay those invoiced fees accruing pursuant to this Section. <br />4.COMPENSATION; UTILITY CHARGES. Licensee is solely <br />responsible for the payment of all fees in connection with Licensee’s performance under <br />this MLA, including those set forth below. <br />4.1.Annual Fee. In order to compensate City for Licensee’s use of <br />Municipal Facilities, Licensee will pay to the City an annual fee (“Annual Fee”) or <br />Alternate Annual Fee, as applicable, for each SLA in the amount determined in <br />accordance with Exhibit B, attached hereto and incorporated herein. Licensee <br />acknowledges and agrees that the Annual Fee is a reasonable approximation of the <br />direct and actual costs incurred by the City as a result of Licensee’s use of <br />Municipal Facilities. The initial payment of the Annual Fee or Alternate Annual <br />ATTY/AGR.2021.274/New CIngular Wireless/AT5 (Page 5 of 27)
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