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Snohomish County PUD 6/29/2021
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Snohomish County PUD 6/29/2021
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Last modified
2/26/2024 7:10:15 AM
Creation date
7/16/2021 2:12:58 PM
Metadata
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Contracts
Contractor's Name
Snohomish County PUD
Approval Date
6/29/2021
Council Approval Date
6/2/2021
Department
Public Works
Department Project Manager
John Nottingham
Subject / Project Title
WFP Fiber Optic Cable Master Agreement
Tracking Number
0002983
Total Compensation
$88,680.00
Contract Type
Agreement
Contract Subtype
Interlocal Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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C. Licensor may contract for maintenance and restoration services for the Licensed <br /> Facilities. Notwithstanding any other provisions of this Agreement, Licensor shall use its best <br /> efforts to require its contractor(s)to meet maintenance and repair standards for the Licensee Fibers <br /> which shall be at least as high as those standards utilized by Licensor for the maintenance and <br /> repair of other portions of its internal communications systems. Licensor shall be responsible for <br /> splicing of the Cable so as to assure continuing conformity with the Specifications, including, <br /> without limitation, conducting continual monitoring of the Cable, location of faults, splicing and <br /> splice testing associated with any restoration, and procurement of replacement cable used in <br /> restoration. <br /> D. In the event of any interruption of service on the Licensee Fibers,Licensor will use <br /> its best efforts to restore the Licensee Fibers to operational condition in accordance with the <br /> procedures regarding restoration of outage detailed in Exhibit E. <br /> 9. TERM <br /> A. The Initial Term of this Agreement shall be for a period of five (5) years, <br /> commencing on the Effective Date. <br /> B. Subject to the provisions set forth in Section 19 hereof, this Agreement shall <br /> automatically renew for four additional consecutive five-year terms, each commencing when the <br /> prior term expires, unless Licensee notifies Licensor in writing of its determination to not renew <br /> at least three and not more than six months prior to the date such renewal term would commence. <br /> If such notification is not so provided,this Agreement shall automatically renew. <br /> C. Upon termination of this Agreement, all use by Licensee of Licensee Fibers shall <br /> cease, and Licensor may thereafter disconnect, terminate, remove, or reuse in any manner the <br /> terminated Licensee Fibers without any liability or obligation to Licensee resulting from such <br /> disconnection,termination,removal or reuse of the Licensee Fibers. Licensee shall be entitled to <br /> remove all Licensee Equipment installed in connection with the use of the Licensee Fibers; <br /> provided,however,that if such equipment is not removed within sixty(60)days of the termination <br /> of this Agreement,Licensor shall be entitled to receive rent at the rate as specified in the applicable <br /> FLA until such Licensee Equipment is removed; provided, however, that if such Licensee <br /> Equipment is not removed within ninety (90) days of such termination, then Licensor shall be <br /> entitled, at its option, to take ownership of and/or remove and dispose of any portion of such <br /> equipment. Licensor shall be entitled to reimbursement by Licensee for all costs incurred by <br /> Licensor as a result of such removal and disposition,including,but not limited to,costs of storage <br /> and sale of such equipment. <br /> 10. NO CREATION OF PROPERTY RIGHTS;RELATIONSHIP OF THE PARTIES <br /> A. Neither the licensing, rental or other provision of the Licensee Fibers or any <br /> facilities, Cable, or services hereunder by Licensor (or its contractor(s)) to Licensee nor the <br /> payment by Licensee to Licensor of Annual Rent or other charges therefor will create or vest in <br /> Licensee any easement or any other Licensorship or property rights of any nature in the Licensor <br /> System,Licensee Fibers,said facilities or Cable. This Agreement will not constitute an assignment <br /> 7 <br /> Fiber Optic Cable Master License Agreement <br />
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