8D Consent Calendar 2018 0917 - Laserfiche WebLink

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29 17.1.4 Interference with City. Licensee interferes with the City’s operations in violation of Section 27.5.1 (Licensee’s Obligation Not to Cause Interference) for a period of 10 days after written notice thereof from City to Licensee. 17.1.5 Failure to Maintain Insurance. Licensee fails to maintain insurance as required by Article 19 (Insurance). 17.1.6 Failure to Cure. Licensee fails to cure noncompliance with the specified requirements of this Master License after initial and follow-up notices or to pay the Default Fees as set forth in Subsection 17.2.4 (Default Fees). 17.1.7 Other Terms. Licensee fails to perform or comply with any other obligation or representation made under this Master License, if the failure continues for 30 days after the date of notice from the City, or, if such default is not capable of cure within the 30-day period, Licensee fails to promptly undertake action to cure such default within such 30-day period and thereafter fails to use its best efforts to complete such cure within 60 days after the City’s notice. 17.1.8 Abandonment. Licensee removes its Equipment or abandons the License Area for a continuous period of more than 60 days, such that the License Area is no longer being used for the Permitted Use. 17.1.9 Insolvency. Any of the following occurs: (i) the appointment of a receiver due to Licensee’s insolvency to take possession of all or substantially all of the assets of Licensee; (ii) an assignment by Licensee for the benefit of creditors; or (iii) any action taken by or against Licensee under any insolvency, bankruptcy, reorganization, moratorium, or other debtor relief Law, if any such receiver, assignment, or action is not released, discharged, dismissed, or vacated within 60 days. 17.2 City’s Remedies. In addition to all other rights and remedies available to the City at law or in equity, the City will have the following remedies following the occurrence of an event of default by Licensee. 17.2.1 Continuation of License. Without prejudice to its right to other remedies, the City may continue this Master License and applicable Pole Licenses in effect, with the right to enforce all of its rights and remedies, including the right to payment of License Fees, Additional Fees, and other charges as they become due. 17.2.2 Termination of Pole License. If a default specific to one or more Pole Licenses is not cured by Licensee within the applicable cure period, specified in Section 17.1 (Events of Default by Licensee), the City may terminate each Pole License in default. 17.2.3 Termination of Master License. If Licensee’s default is of such a serious nature in the City’s sole judgment that the default materially affects the purposes of this Master License, the City may terminate this Master License in whole or in part. Termination of this Master License in whole will affect the termination of all Pole Licenses issued under it automatically and without the need for any further action by the City. In either case, the City will deliver notice to Licensee providing 30-days’ notice of termination and specifying whether the termination affects the entire Master License or only certain Pole Licenses as specified in the notice. The City will specify the amount of time Licensee will have to remove its Equipment from any affected City Pole, which will be at least 60 days after the date of the City’s notice for up to 50 City Poles and an additional 60 days for more than 50 City Poles. If Licensee does not remove its Equipment within the specified period, the City will be entitled but not obligated to remove Licensee’s Equipment from the License Areas. 17.2.4 Default Fees. Without limiting the City’s other rights and remedies under this Master License, the City may require Licensee to pay Additional Fees for the City’s