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8F Consent Calendar 2018 0205
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8F Consent Calendar 2018 0205
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1/30/2018 6:00:04 PM
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1/30/2018 6:00:04 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
2/5/2018
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PERM
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Reso 2018-004
(Reference)
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\City Clerk\City Council\Resolutions\2018
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1 Second Amendment to SL Dark Fiber License Agreement <br />EXHIBIT G <br />SECOND AMENDMENT TO LICENSE AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND SAN LEANDRO DARK FIBER LLC <br />THIS SECOND AMENDMENT TO LICENSE AGREEMENT (this “Second <br />Amendment”) is entered into effective as of February 5, 2018 (“Effective Date”) by and <br />between the City of San Leandro, a municipal corporation (“City”) and San Leandro Dark Fiber <br />LLC, a limited liability company (“SL Dark Fiber” or “SLDF”). This Second Amendment <br />shall be appended to the Original License, and the First Amendment to License Agreement dated <br />March 4, 2015, also known as Exhibit F and shall be incorporated into the Original License. All <br />Sections and provisions of the Original License, and the First Amendment remain unchanged and <br />shall apply to the Project, including in the Expanded Property, unless this Second Amendment <br />expressly sets forth a rate, term, or condition specific to the Project installed in the Expanded <br />Property, or expressly changes a term, provision, or condition in the Original License and First <br />Amendment. The City and SL Dark Fiber are sometimes hereinafter referred to individually as <br />“Party” and collectively as the “Parties.” <br />Pursuant to the covenants below, all of which constitute good and valuable consideration, the <br />Parties agree as follows: <br />1. Article XII of the Original License, Section 12.9 is amended in its entirety to read as <br />follows: <br />Successors and Assigns;No Third-Party Beneficiaries. This License shall be <br />binding upon and inure to the benefit of the Parties and their respective successors and assigns <br />provided however, that neither Party shall transfer or assign (either directly or indirectly, <br />voluntarily or involuntarily, by operation of law or otherwise) any of such Party’s rights <br />hereunder by operation of law or otherwise without the prior written consent of the other Party <br />and any such transfer or assignment without such prior written consent shall be void. Subject to <br />the immediately preceding sentence this License is not intended to benefit and shall not run to <br />the benefit of or be enforceable by any other person or entity other than the Parties and their <br />permitted successors and assigns. This provision shall not preclude SL Dark Fiber from <br />contracting with affiliates or third parties to provide telecommunications services using SL Dark <br />Fiber property in the Project. <br />With respect to the Expanded Property, neither Party shall transfer or assign (either directly or <br />indirectly, voluntarily or involuntarily, by operation of law or otherwise) any of such Party’s <br />rights hereunder by operation of law or otherwise without the prior written consent of the other <br />Party and the United States Department of Commerce, Economic Development Administration, <br />as required by the Award, and any such transfer or assignment without such prior written consent <br />shall be void. <br />27
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