Reso 2012-084 - Laserfiche WebLink

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of the Property. As a condition of this Agreement, the Company agrees to perform the covenants and conditions contained in any permit issued or to be issued to the Company by the City. 15.5 The Company shall not commence physical installation of the Telecom Facilities before written approval of Plans and Specifications pursuant to Section 6.5 and obtaining approval of all applicable permits pursuant to Section 6.5 Approval of Plans and Specifications by City Departments shall not release the Company from the responsibility for, or the correction of, any errors, omissions or other mistakes that may be contained in Plans and Specifications. The Company agrees to perform any work at the Company's sole cost and at Company's sole expense and in accordance with and in a manner the City is satisfied conforms to Plans and Specifications as may be approved by the City in furtherance of this Agreement. 16. Frequency Interference 16.1 The Company will not cause, permit or allow the installation, operation, maintenance or use of the Telecom Facilities or any other equipment installed pursuant to this Agreement to interfere with: (1) any City use of the Property; (2) City equipment used at the Property; (3) City communications; and /or (4) any pre- existing third party uses of the Property (or any other City property) including uses of communications equipment, that were authorized or planned by the City prior to the execution of this Agreement. The Company shall immediately provide, in writing, to the City at the address set forth for Notices in Section 32 , herein, the frequencies utilized in the operation of the Telecom Facilities. The Company shall also provide the City, at the same address, with written notice of any intended changes in those frequencies, a description of those frequencies and the dates that those frequency changes are anticipated to occur, at least thirty (30) days prior to the date that those frequency changes are anticipated to occur. The Company shall not begin any work on the Property pursuant to this Agreement until the frequencies have been approved in writing by the City Manager or his /her designee. 16.2 The Company shall ensure that its use of the Telecom Facilities does not interfere with any communication transmissions in the vicinity of the Property, including without limitation, the City's public safety transmissions, police and fire communications, the City's internal communications, or communications used by the City or the City's pre- existing communications tenants. The Company shall operate the Telecom Facilities in such a manner that all communications sent or received by the Telecom Facilities shall be separated from all City communications frequencies, including without limitation, City communications listed in the preceding sentence, by at least 1 megahertz. 16.3 If the Company's construction, installation, maintenance, operation, use or removal of the Telecom Facilities violates this provision, the Company shall immediately eliminate such violation or interference. If the Company fails to immediately eliminate such violation or interference, the City may, in addition to and without compromising any other remedy available to the City, immediately cut off power to the Telecom 9