Reso 2012-084 - Laserfiche WebLink

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The Company shall be solely responsible for ensuring that the Property has adequate electrical power and any other utility service necessary or useful to operation of the Telecom Facilities. The City is not obligated to make electricity or other utilities available if there is an interruption in such service to the Property. 20. Licensing and Authorization [Applicable only if the Company operates its TELECOM FACILITIES in such a way as to require licensure by the Federal Communications Commission]. The Company represents that it is licensed by the FCC to operate the Telecom Facilities and provide the Services, and the Company agrees to provide documentation evidencing such licensing and authorization within ten (10) days of a written request by the City for such documentation. 21. Termination and Remedies 21.1 Termination With Cause Except as otherwise provided in this Agreement, the City shall have the right to terminate this Agreement immediately if any of the following Events of Default should occur: a. The Company fails to cure a material breach (the materiality of which shall be determined in the City's sole discretion) of any term or condition hereof, within thirty (30) days after the City has notified the Company of such breach; or b. Said cure cannot reasonably be completed within thirty (30) days and the Company has not commenced curative action within said thirty (30) days and thereafter diligently (in the City's sole opinion) prosecuted such cure to completion; or C. The Company's operation is deemed by the City to endanger or pose a threat to the public health, safety or welfare, including, without limitation, and as an example, if operation of the Telecom Facilities adversely interferes with, or otherwise adversely affects the City communications or operations; or d. The City is mandated by law, a court order or decision, or a federal, state or local government to take certain actions that will cause or require the removal of the Telecom Facilities from the Property; or e. The removal of the Telecom Facilities from the Property is needed to accommodate the construction, installation, operation, repair, maintenance or improvement of a project funded in whole or in part by the City. 21.2 Termination without Cause City may terminate this Agreement without cause upon one hundred eighty days' (180) prior written notice to Company. 21.3 Removal of Telecom Facilities Upon Termination If this Agreement is terminated by either party earlier than the expiration of the Term, the City has the option to require the Company to remove the Telecom Facilities and repair and restore the 11