8D Consent Calendar 2018 0917 - Laserfiche WebLink

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42 27.5.2.3 If the City determines in its sole discretion that mitigation is not feasible or cannot be achieved for a reasonable cost in the City’s reasonable judgment, Licensee may elect either to: (i) terminate the Pole License as to the affected City Pole and receive a ratable reduction in the License Fee; (ii) request to relocate the Pole License and related Equipment, at Licensee’s sole cost and expense, to another City Pole, subject to City’s approval in its sole discretion or (iii) take steps itself at its own cost to mitigate the adverse effect and continue to operate the Equipment on the City Pole, and receive from the City a waiver of the License Fee for the first 6 months of the following License Year under the affected Pole License to offset the cost of mitigation. 27.5.2.4 Licensee agrees that the City’s temporary and partial abatement or waiver of the License Fee under this Subsection will be the only compensation due to Licensee for costs incurred or otherwise arising from the adverse effect as liquidated damages fully compensating Licensee for all Claims that may arise or be related to the adverse effects. Under no circumstances may the City be required to alter its operations at the identified City Pole or provide a replacement City Pole to Licensee. 27.5.3 Impairment Caused by City Access. Licensee agrees that it will not be entitled to any abatement of License Fees if the City exercises its rights of access under Article 21 (City Access to License Area) unless the City’s activities cause Licensee to be unable to operate Equipment on the License Area for its permitted use for a period of more than 10 days, in which case, subject to proof, License Fees will be abated ratably for the entire period that Licensee is unable to operate any Equipment on any affected City Pole. 28 GENERAL PROVISIONS 28.1 Formal Notices. This Section applies to all formal notices, requests, responses to requests, and demands made under this Master License. 28.1.1 Writings Required. All formal notices will be effective only if given in writing and delivered in accordance with this Section. Nothing in this Section will preclude the use of electronic mail (“e-mail”) for communication of an informal nature, especially with respect to notices according to Sections 9.2 (Notice to Licensee) and Section 9.4 (Emergencies). 28.1.2 Manner of Delivery. Except as provided in Subsection 28.1.4 (Special Requirements), formal notices may be delivered by: (i) personal delivery; (ii) certified mail, postage prepaid, return receipt requested; or (iii) prepaid overnight delivery, return receipt requested. Notices must be delivered to: (1) Licensee at Licensee’s address set forth in the Basic License Information, or at any place where Licensee or any Agent of Licensee may be personally served if sent after Licensee has vacated, abandoned, or surrendered the address set forth in the Basic License Information; (2) the City at the City’s address set forth in the Basic License Information; or (3) any new notice address that either the City or Licensee specifies by no less than 10 days’ notice given to the other in accordance with this Section. 28.1.3 Effective Date of Notices. All formal notices under this Master License will be deemed to have been delivered: (i) two (2) days after deposit if delivered by certified mail; (ii) the date delivery is made by personal delivery or overnight delivery; or (iii) the date an attempt to make delivery fails because a party has failed to provide notice of a change of address or refuses to accept delivery. The parties will transmit copies of notices by email to the email addresses listed in the Basic License Information, but failure to do so will not affect the delivery date or validity of any notice properly delivered in accordance with this Section.