Ordinance 2215-97 - Laserfiche WebLink

• A copy must also be mailed to: City Attorney City of Everett 3002 Wetmore Avenue Everett, WA 98201 Metricom Metricom, Inc. 980 University Avenue Los Gatos, CA 95030 Attn: Property Manager Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next day in the case of overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party in the manner set forth above. 10. TERMINATION. This Franchise may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party, which default is not cured within forty five (45) days of receipt of written notice of default (or, if such default is not curable within forty five (45) days, if the defaulting party fails to commence such cure within forty five (45) days or fails to thereafter diligently prosecute such cure to completion), provided that the grace period for any monetary default is ten (10) days from receipt of notice. 11. MISCELLANEOUS PROVISIONS. 11.1 This Franchise shall not be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld. Any attempted assignment in violation of this Section shall be void. The transfer of the rights and obligations of Metricom to a parent, subsidiary, or other affiliate of Metricom, or to any successor-in- interest or entity acquiring fifty-one percent (51%) or more of Metricom's stock or assets, shall not be deemed an assignment. Metricom shall give to the City thirty (30) days' prior written notice of any such transfer. 11.2 City understands that Metricom will be operating in the 902 to 928 MHz band of the radio spectrum for which no license from the FCC is required. Metricom understands that this Franchise does not provide Metricom with exclusive use of any City-owned poles or 12