Reso 2012-084 - Laserfiche WebLink

Home

Facilities in the manner set forth in Section 17 , below. The City shall immediately provide notice to the Company of any interference or the exercise of the City's shut off rights pursuant to this Subsection 16.4 The Company shall use its best efforts to operate its communications equipment in a manner that is consistent with all applicable frequencies assigned to it by the Federal Communications Commission ( "FCC ") and in compliance with all applicable FCC rules and regulations. 17. Emergency 17.1 The Company understands that emergency situations may develop from time to time that require power to the Telecom Facilities to be shut off. Notwithstanding Section 16 , the Company agrees that in the event that the City determines, in its sole discretion that such an emergency situation exists, and there are frequency interferences of any nature between the City's communication equipment and that of the Company, the City shall have the right to shut off immediately any power to the Telecom Facilities and any equipment of the Company's located on the Property for the duration of the emergency. The Company agrees not to hold the City responsible or liable for and shall protect, defend, indemnify and hold the City harmless pursuant to Section 22 for any damage, loss, claim or liability of any nature suffered as a result of the loss of the use of the Telecom Facilities or other communication facilities at the Property or affected by the power outage at the Property 17.2 The Company agrees to install a master power "cut -off' switch on its equipment for the purpose of assisting the City in such an emergency. 17.3 Unless otherwise specifically provided in a notice of termination of this Agreement, the City's exercise of the right to shut off any power to the Telecom Facilities pursuant to this Section is not intended to constitute a termination of this Agreement by either party. The Company and the City shall meet after the City determines that an emergency situation has ended to establish the time and manner in which power shall be restored to the Telecom Facilities. 17.4 The City shall have the right to determine what constitutes an "emergency situation" pursuant to this Section 18. Inspection The Property, including (if any) the keys thereto, shall be at all times under control of the City, whose officials, employees and agents shall have the right to enter the Property, and all portions thereof, for purposes of inspection (and other purposes contemplated by this Agreement) at all times during the period covered by this Agreement. 19. Utilities 10