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New Cingular Wireless PCS LLC 7/31/2018
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New Cingular Wireless PCS LLC 7/31/2018
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Entry Properties
Last modified
8/2/2018 10:32:32 AM
Creation date
8/2/2018 10:32:18 AM
Metadata
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Contracts
Contractor's Name
New Cingular Wireless PCS LLC
Approval Date
7/31/2018
Council Approval Date
7/25/2018
End Date
8/31/2028
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Use of City Facilities for Small Cell Sites
Tracking Number
0001347
Total Compensation
$5,000.00
Contract Type
Agreement
Contract Subtype
Use of Property
Retention Period
6 Years Then Destroy
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d. Determine compliance with any other applicable requirements. <br /> 28.1.4. As appropriate, City may require Company to make design modifications in <br /> order to comply with applicable contractual, regulatory, or legal requirements <br /> or may ask additional questions as necessary to determine feasibility of use of <br /> the City Poles. Failure to make the requested design modifications or to <br /> answer feasibility questions in a manner acceptable to the City shall result in <br /> an incomplete Site License Addendum which may not be processed under this <br /> Agreement. <br /> 28.1.5. Upon approval of the Site License Addendum, Company shall obtain all <br /> required Governmental Approvals to proceed with the installation of the Site <br /> Equipment. Installation of the Site Equipment must be completed in <br /> accordance with all Government Approvals, including without limitation <br /> obtaining all final inspections required by any permits issued by the City. <br /> 28.1.6. Any Site Equipment that has not been approved by City or has not received <br /> all required Governmental Approvals shall not be installed or if already <br /> installed shall be removed immediately by Company at Company's sole cost <br /> and expense. <br /> 28.2. Company expressly acknowledges and agrees that the City's rights under this <br /> Agreement to review,comment on, disapprove and/or accept designs, plans <br /> specifications, work plans,construction,equipment, and/or installation, (i)exist for <br /> the benefit and protection of the City and its employees and agents, (ii)do not create <br /> or impose upon the City, and its employees and agents any standard or duty of care <br /> toward Company, all of which are hereby disclaimed, (iii)may not be relied upon by <br /> Company in determining whether Company has satisfied any and all applicable <br /> Governmental Approval standards and requirements, and(iv)may not be asserted, <br /> nor may the exercise or failure to exercise any such rights by the City and its <br /> employees and agents be asserted against the City and its employees and agents by <br /> Company as a defense, legal or equitable, to Company's obligation to fulfill such <br /> Governmental Approval standards and requirements, notwithstanding any acceptance <br /> of work by the City and its employees and agents. <br /> 29. Default; City Remedies <br /> 29.1. Default <br /> The following occurrences shall each be deemed an"Event of Default" by Company: <br /> 29.1.1. Failure to Pay. Company fails to pay any sum, including Rent or taxes, due <br /> under this Agreement following thirty(30)days written notice from City of <br /> the failure to pay. <br /> 29.1.2. Abandonment. Company's failure to remove Site Equipment as further <br /> described in Section 33.2. <br /> New Cingular Wireless PCS,LLC 22 <br />
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