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2023/12/13 Council Agenda Packet
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2023/12/13 Council Agenda Packet
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12/14/2023 8:51:43 AM
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12/13/2023 5:03:11 PM
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Council Agenda Packet
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12/13/2023
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<br />-16- <br /> <br /> <br />governmental agency, Licensor’s right to terminate the Agreement shall cease with respect <br />to said noncompliance. <br /> <br />(d) The Licensor may terminate this Agreement upon written notice in the event <br />the Licensee has not applied for any permit within six (6) months from the date hereof; <br />provided, however, that Licensee shall have thirty (30) days from the date of the written <br />notice to apply for a permit(s) and cure such default. <br /> <br />(e) The Licensor may terminate this Agreement upon written notice in the event <br />that no permit has been granted hereunder within one (1) year from the date hereof; <br />provided, however, that Licensee shall have thirty (30) days from the date of the written <br />notice to remedy the reason why no permit has been granted if due to the fault or inaction <br />of Licensee; provided additionally that Licensor may not terminate this Agreement under <br />this subsection if Licensee has pending an application for a permit, and Licensor has failed <br />to act thereon within such period due to no fault of Licensee. <br /> <br />(f) Any termination pursuant to this Section shall be effective immediately <br />upon the Licensor’s mailing the notice of termination to Licensee following the expiration <br />of the thirty (30) day period to cure the default. <br /> <br />(g) Termination of this Agreement or any specific permit shall not release <br />Licensee from any liability or obligations under this Agreement, including, without <br />limiting the generality of the foregoing, the obligation to continue to pay pole attachment <br />fees as provided in Article III of this Agreement for such time as Licensee’s Equipment <br />remain on Licensor’s poles, Licensee’s obligation to pay any costs and expenses incurred <br />by Licensor for the removal of Licensee’s Equipment, and financial penalties imposed by <br />Licensor for failure of Licensee to remove its Equipment in accordance with the terms and <br />conditions of this Agreement . <br /> <br />6.05 Licensee’s Duty to Remove Equipment <br /> <br />Upon termination of this Agreement, or cancellation of any permit or permits issued <br />pursuant to this Agreement, Licensee agrees to remove its attachments from any poles <br />affected within thirty (30) days after the effective date of such termination or cancellation <br />(or such other time period required by applicable local, state and/or federal law or within <br />such shorter period as is feasible in the case of any hazardous condition). <br /> <br /> (a) Licensee’s Failure to Remove or Make Changes. After the expiration of <br />any applicable notice and/or cure period, in the event that Licensee has failed to make any <br />change in its Equipment required by Licensor, or failed to remove any Equipment upon <br />cancellation of any specific permit or upon termination of this Agreement, Licensor shall <br />have the right to make such changes or effect such removals subject to any applicable <br />advance notice requirement under this Agreement. <br /> <br /> (b) Emergency. In case of emergency or immediate service needs of Licensor, <br />Licensor may perform such removal or change work without notice to Licensee or upon <br />such notice as may be reasonable under the circumstances. If no notice is provided to
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