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8D Consent Calendar 2018 0917
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8D Consent Calendar 2018 0917
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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9/17/2018
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<br />7 <br />Licensee agrees that no diminution of light, air, or signal transmission by any structure <br />(whether or not erected by the City) will entitle Licensee to any reduction of the License Fees or <br />Additional Fees under any Pole License, result in any liability of the City to Licensee, or in any <br />other way affect this Master License, any Pole License, or Licensee’s obligations, except as <br />specifically provided in this Master License. <br />2.5 As-Is Condition of the License Area. <br />Licensee’s attention is directed to the following: <br />2.5.1 As-Is Condition. Licensee expressly acknowledges and agrees to enter <br />onto and use each License Area in its “as-is, with all faults” condition. The City makes no <br />representation or warranty of any kind as to the condition or suitability for Licensee’s use <br />of any License Area. <br />2.5.2 Licensee Due Diligence. Licensee represents and warrants to the City that <br />Licensee has conducted a reasonably diligent investigation, either independently or <br />through Agents of Licensee’s choosing, of the condition of the License Area and of the <br />suitability of the License Area for Licensee’s intended use, and Licensee is relying solely <br />on its independent investigation. Licensee further represents and warrants that its <br />intended use of the License Area is the Permitted Use as defined in Section 1.2 <br />(Definitions) and as described in the Basic License Information. <br />2.5.3 No City Representations or Warranties. Except as may be expressly <br />provided herein, Licensee agrees that neither the City nor any of its Agents have made, <br />and the City disclaims, any representations or warranties, express or implied, with respect <br />to the physical, structural, or environmental condition of the License Area, the present or <br />future suitability of the License Area for the Permitted Use, or any other matter relating to <br />the License Area. <br />2.5.4 Disclosure. Under California Civil Code section 1938, to the extent <br />applicable to this Master License, Licensee is hereby advised that a Certified Access <br />Specialist (as defined in that Law) has not inspected any License Area to determine <br />whether it meets all applicable construction-related accessibility requirements. <br />3 TERM <br />3.1 Term of Master License and Pole Licenses. <br />3.1.1 Term. The term of this Master License shall be ten (10) years commencing <br />on the Effective Date and ending at midnight on the last day of the term, unless earlier <br />terminated by City or Licensee pursuant to the express terms of this Agreement (the <br />“Term”). Each Pole License will be effective the first day of the month after the date the <br />parties have fully executed it and terminate upon the Expiration Date or earlier <br />termination of this Master License, which may result in a partial License Year at the end <br />of the Pole License Term. <br />3.1.2 Minimum Term. The minimum Term for the purpose of establishing the <br />License Fee for each Pole License will be one License Year immediately following the <br />Commencement Date under Section 4.1 (Commencement Date). This minimum Term <br />provision will prevail over any rights of abatement or termination afforded to Licensee <br />under this Master License except as otherwise expressly stated herein. <br />3.1.3 Deadline to Apply for Pole Licenses. Licensee may submit Pole License <br />applications at any time during the Term. All Pole Licenses will end on the Expiration Date, <br />regardless of their effective dates <br />4 LICENSE FEES; ADDITIONAL FEES; AND OTHER CHARGES <br />4.1 Commencement Date.
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