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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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Template:
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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29.1.3. Insolvency. Immediately, upon written notice, if a receiver is appointed to <br /> take possession of Company's assets, Company makes a general assignment <br /> for the benefit of creditors,or Company becomes insolvent or takes or suffers <br /> action under the Bankruptcy Act. <br /> 29.1.4. Lapsed Governmental Approvals. Company fails to obtain or maintain any <br /> Governmental Approvals required to install and operate Site Equipment. <br /> 29.1.5. Failure to Maintain Insurance. Company fails to maintain appropriate <br /> insurance as required pursuant to Exhibit E. <br /> 29.1.6. Prohibited Assignment. Company assigns this Agreement in violation of <br /> Section 16. <br /> 29.1.7. Interference. Company operates or maintains its Site Equipment in a <br /> manner that interferes with or impairs other communication or computer <br /> equipment used by the City,PSERN(or is successor entity)or other entity <br /> given prior rights to use the City Poles. <br /> 29.1.8. Improper Construction. Company constructs Site Equipment on City Poles <br /> without approval of a Site License Addendum. <br /> 29.1.9. Other Defaults. Company violates any material agreement,term or covenant <br /> of this Agreement. <br /> 29.1.10. Waiver or acceptance by the City of any default of the terms of this <br /> Agreement by Company shall not operate as a release of Company's <br /> responsibility for any prior or subsequent default. <br /> 29.2. City Remedies <br /> Subject to the cure period described in Section 31 below, the City shall have the following <br /> remedies upon an Event of Default. The City's rights and remedies under this Agreement <br /> shall be cumulative, and none shall exclude any other right or remedy allowed by law. <br /> 29.2.1. Continuation of Agreement.Without prejudice to its right to other remedies, <br /> the City may continue this Agreement and applicable Site License <br /> Addendums in effect, with the right to enforce all of its rights and remedies, <br /> including the right to payment of Rent and other charges as they become due. <br /> 29.2.2. Termination of Agreement. If Company's default is of such a serious nature <br /> in the City's sole judgment that the default materially affects the purposes of <br /> this Agreement, the City may terminate this Agreement. Termination of this <br /> Agreement will affect the termination of all Site License Addendums issued <br /> under it automatically and without the need for any further action by the City. <br /> The City will provide sixty (60)days written notice of termination and shall <br /> specify the reasons for such termination. The City will specify the amount of <br /> time Company will have to remove its Site Equipment from any affected City <br /> Poles, which will be at least sixty(60)days after the date of the City's notice. <br /> New Cingular Wireless PCS,LLC 23 <br />
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