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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 />-18- <br /> <br /> <br /> <br />7.02 Termination without Cause <br /> <br />Either Party shall have the right to terminate this Agreement without cause by giving six <br />(6) months written notice of termination. <br /> <br />7.03 Cancellation of Specific Permits <br /> <br /> (a) Licensee’s Rights to Cancel Permits. The Licensee may cancel its permit <br />or permits to any specific pole or poles by removing its Equipment therefrom and giving <br />written notice of such removal to Licensor on a form provided by Licensor, a copy of which <br />is attached to this Agreement as Exhibit “D”. Licensees liability for pole attachment fees <br />for such attachments shall terminate as of the end of the month in which such notice is <br />given and after the Equipment has been removed. The amount of refund or credit shall be <br />based upon the pole attachment charges set forth in Article III above, and as the same may <br />from time to time be adjusted; provided, however, that in no event may the amount of <br />refund exceed the amount actually paid by Licensee for the months in question. <br /> <br /> (b) Licensor’s Rights to Cancel Permits. In addition to permit cancellation <br />rights provided elsewhere in this Agreement, Licensor may at any time cancel a permit to <br />attach to any specific pole or poles by giving thirty (30) days’ written notice to Licensee. <br />Such written notice to specify the reason(s) for such revocation or cancellation and such <br />reason(s) shall be consistent with applicable local, state and/or federal law. Licensee agrees <br />to remove its Equipment from the pole or poles in question in accordance with Section 6.5. <br />In such event, Licensee shall be entitled to a refund of prepaid pole attachment fees <br />commencing on the date the Equipment is removed through the remaining period for which <br />such charges have been paid. <br /> <br />VIII. GENERAL PROVISIONS <br /> <br />8.01 Assignment <br /> <br />The Licensee shall not in any way assign, transfer, sublet or encumber this Agreement, nor <br />any of the privileges hereby granted to it, without the prior written consent of the Licensor. <br />For the purpose of this Agreement, assignment and transfer shall be deemed to include (but <br />not be limited to) the assignment and transfer of this Agreement to any joint venture of <br />which the Licensee is a partner, to any subsidiary, parent or affiliated or controlled <br />corporation, to any corporation with which Licensee may be merged or consolidated, or to <br />any corporation to which Licensee may sell substantially all its assets. Licensor agrees that <br />it will not unreasonably withhold, delay and/or condition approval of a written request by <br />Licensee. However, Licensor reserves the right to require Licensee to provide appropriate <br />information in order to properly evaluate the request including information pertaining to <br />the financial stability and technical expertise of the proposed assignee, transferee, or <br />sublicensee. Subject to the foregoing, however, this Agreement shall extend to and bind <br />the successors and assigns of the Parties hereto. <br /> <br />8.02 Non-Waiver <br />
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