8D Consent 2009 1005 - Laserfiche WebLink

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COMPLIANCE WITH STANDARDS 7. MCI agrees to keep said Fiber Optic Network Facilities in good and safe condition and free from any nuisance, in accordance and in conformity with all applicable Laws, and to the reasonable satisfaction of the Engineering and Transportation Department Director. SERVICES 8. MCI provides Telecommunication Services in California pursuant to all Laws, including federal law and its Certificates of Public Convenience and Necessity received from the PUC. If the nature and character of such service changes are to include additional and/or alternative systems, including but not limited to community antenna television systems, by MCI or anyone permitted to use the Facilities, MCI shall notify City in writing at least ten (10) days in advance of any change in the service provided by way of the Fiber Optic Network Facilities installed under this Agreement, and comply with City's fee and/or franchise requirements. MCI acknowledges that any expansion or change in the character and nature of the telecommunications service in general may increase City's regulatory authority over such service and/or product, and this may, at City's election, require MCI to enter into a new Agreement consistent with the requirements of ahereinafter-enacted City ordinance regulating such services or the expansion or change in service, if all or any part of such service change falls under the lawful regulation, jurisdiction and authority of City. NO FRANCHISE RIGHTS CREATED rights. 9. Nothing in this Agreement shall be construed as granting or creating any franchise UTILITY USERS TAX 10. The City reserves the right to impose a utility users tax on MCI service users, and to require MCI to collect and distribute such tax to the City, to the full extent permitted by law. MCI shall provide records to City as City may require to conform with this requirement and shall share equally the cost of any auditor selected by the City to conduct an audit in this regard. Audits shall not be conducted more than biannually, and MCI or City shall pay or rebate such amounts discovered by the auditor within sixty (60) days of receipt of the audit report. Encroachment Agreement Page 4 of 12 Rev: 11/30/94, 11/13/95