Snohomish County PUD 6/29/2021 - Laserfiche WebLink

C. Upon the occurrence of an Event of Default by Licensee,Licensor may disconnect the Licensee Fibers from the Licensee System upon prior telephonic notice and collect the cost of such disconnection from Licensee. In such case, Licensor will treat the Licensee Equipment as specified in subsection 9.C, and will be entitled to avail itself of the remedies provided therein with respect to compensation for any further occupancy by the Licensee Equipment of the Licensee Space and Building,and any disposition of such Licensee Equipment made in accordance with the provisions of subsection IX.C. D. If (1) Licensor fails to meet Specifications and is unable to cure the source of degradation by returning Licensee Fibers to Specifications within thirty (30) days of Licensee's written notice to Licensor; or (2)Licensee experiences a series of independent Service Outages, as described in subsection 13.A, on three (3) occasions during any calendar year, Licensee may terminate this Agreement without liability for future obligations hereunder. E. If Licensee fails to make any payments required hereunder when due, then, in addition to applicable requirements of all other provisions hereof,and all other remedies available at law or in equity,Licensee shall pay a monthly late charge on all undisputed amounts,other than those reasonably disputed,payable from the date such payment was due,equal to one percent(1%) of the amount due. Neither the tender of payment and late charge by Licensee nor the receipt thereof by Licensor shall waive Licensor's right to treat Licensee's failure to make timely payment as an Event of Default provided that Licensor notifies Licensee within fifteen (15)business days of its receipt of the tender of payment that it has elected to treat Licensee's failure to make timely payment as an Event of Default, its being understood that Licensor's acceptance of Licensee's tender of payment,including such late charge,shall cure such Event of Default. 20. TERNIINATION A. Any provision herein to the contrary notwithstanding, Licensor may, for its own needs and requirements, as it may determine in its sole discretion, at any time following the date which is five years after the Effective Date,terminate this Agreement and its executory obligations hereunder, in whole or in part, by giving written notice to Licensee at least twelve (12) months prior to the effective date of such termination. If Licensor so terminates this Agreement, it shall waive Licensee's fee obligations for one (1) year from and after the date such notice is received with respect to those Licensee Fibers which are terminated. In the event this Agreement is terminated in accordance with this Section 20 with respect to only a portion of the Licensee Fibers included in a particular FLA,the applicable Annual Fee shall be adjusted on a pro rata basis. B. In addition to any other rights to terminate this Agreement,Licensor shall have the right to terminate this Agreement in the event that, because of the existence of this Agreement (individually or in conjunction with other such agreements),any court,regulatory,or governmental entity having jurisdiction, issues any final order, that Licensor is a "Telecommunications Company","Telecommunications Licensee"or"Common Licensee"or that Licensor is providing "Telecommunications Service," as defined in any federal or Washington State statute or regulation. Upon receipt of such notice Licensee shall have a reasonable period of time within which to secure alternate facilities and to disconnect and remove all of its property from the Licensed Facilities, and this Agreement as well as Licensee's use of the Licensed Facilities shall 14 Fiber Optic Cable Master License Agreement