Laserfiche WebLink
way prevent the City from adhering to its procedures or exercising its obligations <br /> under the EMC. Further, Company must receive City approval prior to acceptance of <br /> any Government Approvals that will modify the placement or types of Site <br /> Equipment. <br /> 8.2. Company must obtain Governmental Approvals for each Site License Addendum <br /> prior to the commencement of any build-out of the Site Equipment and within nine <br /> (9)months after the effective date of the Site License Addendum. The Site License <br /> Addendum shall automatically terminate on the expiration of such nine(9)month <br /> period if the necessary Government Approvals are not obtained; provided, however <br /> that such nine(9)month period may be extended by the City, which approval shall <br /> not be unreasonably withheld. No Site Equipment shall be permitted on the City <br /> Poles prior to the granting of such Governmental Approvals. <br /> 8.3. Company shall complete installation of its Site Equipment approved by the City <br /> pursuant to a Site License Addendum no later than nine(9)months after the receipt <br /> of Governmental Approvals, and shall commence operation no later than three(3) <br /> months after installation, which such dates may be delayed due to any force majeure <br /> event or mutually agreed upon by the parties. Failure of Company to complete <br /> installation or commence operation of the applicable Site Equipment as provided <br /> above shall permit City to terminate the affected Site License Addendum upon thirty <br /> (30) days notice to Company unless within such thirty(30)day period, Company <br /> shall complete installation or commence operation, as applicable. Company may <br /> request an extension of the timelines listed in this Section 8.3, for up to an additional <br /> three(3) months, which extension shall not be unreasonably withheld. <br /> 9. Non-Interference with City Poles <br /> 9.1. Company shall not use the City Poles, adjacent right of way, or access areas in any <br /> way not otherwise approved by this Agreement or the Site License Addendum. <br /> Outside the historic use of the City Poles, the City shall not use, nor shall the City <br /> permit its tenants, employees, or agents to use any portion of the City Poles in any <br /> way which materially interferes with the operations of Company authorized by this <br /> Agreement. Such new interference shall be terminated within a reasonable time upon <br /> written notice to the City. Notwithstanding the foregoing nothing in this Section <br /> shall be construed to imply that Company is seeking or entitled to an exclusive <br /> license with the City which will interfere with the historical or planned uses of the <br /> City Poles by the City. <br /> 9.2. The City agrees that it will require any other subsequent occupants outside of the <br /> historical uses of the City Poles to provide to Company and the City the same <br /> assurances against interference and any subsequent occupants outside the historical <br /> uses of the City Poles, shall have the obligation to eliminate any unreasonable <br /> interference with the operations of Company caused by the subsequent occupants. <br /> 9.3. To the extent any Company Site Equipment interferes or disturbs equipment owned <br /> by any third party, Company shall notify such third party directly and shall make <br /> good faith efforts to resolve the matter with such third party prior to involving the <br /> City. <br /> New Cingular Wireless PCS,LLC 8 <br />