Laserfiche WebLink
<br />20 <br />emergency repair or maintenance activities more than 72 hours after attempting to contact <br />Licensee’s on-call representative. <br />9.4 Emergencies. <br />The parties agree to notify each other within 72 hours of any emergency situation related <br />to any City Poles at the emergency phone numbers listed in the Basic License Information or at <br />the earliest opportunity. In an emergency, however, the City’s work and needs will take <br />precedence over the operations of any of Licensee’s Equipment on the License Area, and the <br />City may access any portion of the License Area that it determines necessary in its sole <br />discretion in accordance with Section 21.2 (Emergency Access), whether or not the City has <br />notified Licensee of the emergency. Licensee acknowledges that City personnel will be entitled to <br />exercise their judgment in an emergency caused by any person, and in the exercise of judgment <br />may determine that the operation of Licensee’s Equipment must be interrupted, or that the <br />circumstances require the removal of any part of Licensee’s Equipment. Licensee agrees that the <br />City will bear no liability to Licensee for the City’s interruption of Licensee’s Equipment <br />operations, removal of Equipment, or other actions with respect to Licensee’s Equipment in an <br />emergency except to the extent caused by the gross negligence or willful misconduct of the City, <br />and that Licensee shall be solely responsible for the costs required to resume operations or <br />repair or replace Equipment following the emergency. <br /> <br />10 LICENSEE’S MAINTENANCE AND REPAIR OBLIGATIONS <br />10.1 Damage to City Property. <br />If the acts, omissions, or negligence of Licensee or its Agents or Invitees when installing <br />or removing Equipment damages any City Pole, License Area, or other City Property, the City will <br />provide notice describing the damage and 30 days’ opportunity to cure. If Licensee fails to repair <br />or replace the damaged City Pole in accordance with the requirements of Section 8.1 <br />(Licensee’s Alterations) within the 30-day cure period, or any longer period to which the City <br />agrees in its reasonable discretion, the City may do so at Licensee’s expense. Failure to act after <br />60 days’ notice will subject Licensee to the Default provisions in Article 17 (Default). Licensee <br />shall reimburse the City for its costs of repair or replacement within 20 days after receipt of the <br />City’s demand for payment, together with copies of invoices or other evidence of its costs. <br />10.2 Alterations to City Property <br />If Licensee or any of its Agents or Invitees alters or removes any City Property without the <br />City’s express prior approval, Licensee shall restore the City Property to the condition existing <br />before the damage or alteration, unless the City directs otherwise. The City may condition its <br />approval of any alteration to City Property on restoration in accordance with this Section. <br />10.3 No Right to Repair City Property. <br />Absent notice from the City providing an opportunity to repair damage to City Property, <br />Licensee is not authorized to make any repairs to City Property. In all cases, Licensee waives <br />any right it may have to make repairs at the City’s expense under any applicable Law. <br />10.4 Notice of Damage to City Property. <br />Licensee agrees to give the City notice of the need for any repair to any City Pole, <br />License Area, or other City Property promptly after Licensee’s discovery of damage from any <br />cause. Licensee’s agreement to provide notice is not an assumption of liability for any life- <br />threatening or hazardous conditions unless caused by the negligent or reckless acts or <br />omissions or willful misconduct of Licensee or its Agents or Invitees. <br />10.5 Licensee’s Equipment.