Laserfiche WebLink
Metadata
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
"Governmental Entity" shall mean any federal, state or local government agency <br />thereof, including, but not limited to, federal and state governments or federal and state <br />governmental entities, all county and municipal governments, successor agencies, and <br />governmental transit authorities. Failure to notify the City of or pay Higher Use Rates is <br />hereby deemed a material breach of this Agreement and is grounds for termination in <br />accordance with Section 21.1(a). <br />6. Right of Entry For Construction of Telecom Facilities <br />The right of entry herein is given subject to the following terms and conditions of this <br />Agreement, including but not limited to: <br />6.1 The Company has determined that no underground utilities or other <br />hazards exist in the area proposed for installation of the Telecom Facilities. <br />6.2 The Company has submitted Plans and Specifications for the proposed <br />Telecom Facilities to the City, at the address set forth in Section 32 herein. The <br />Company shall supply the City any additional information it may need before approving <br />the Plans and Specifications. No entry shall be made until the City has approved such <br />Plans and Specifications for the Telecom Facilities. <br />6.3 The City has received a schedule for the proposed work related to the <br />construction of the Telecom Facilities, and a list of the names of all agents and <br />contractors authorized by the Company to enter the Property. Said schedule shall be <br />delivered to the City no later than fifteen (15) days prior to entry upon the Property by <br />the Company. <br />6.4 The Company shall be responsible for coordination of work to avoid any <br />utility conflicts, or conflicts with any Property facilities and /or operations; additionally the <br />Company shall be responsible for assuring that no digging is done on a site with <br />archeological or historical significance. <br />6.5 The Company shall obtain and maintain any and all necessary permits <br />from the relevant agencies and comply with all current laws, ordinances, orders, rules, <br />regulations and permits with respect to its performance of the activities relevant to this <br />right of entry. The Company shall timely pay to the City all applicable deposit fees, <br />permit fees and other fees or amounts required to be paid by the Company to the City <br />in connection with obtaining permits or performing work under this Agreement, including <br />without limitation any fees as required by any federal, state or local law, statue, <br />ordinance, rule or regulation. Approval of Plans and Specifications ( Exhibit E ) and <br />permits by City Departments shall not release the Company from the responsibility for, <br />or the correction of, any errors, omissions or other mistakes that may be contained in <br />the Plans and Specifications. The Company agrees to perform any work in furtherance <br />of the Plans, Specifications and permits at the Company's sole expense and in <br />accordance with and in a manner the City is satisfied conforms to Plans, Specifications <br />and permits as may be approved by the City in furtherance of this Agreement. <br />12 <br />