Laserfiche WebLink
27 <br />15.1.3 No Statutory Right to Terminate. The parties understand and agree that <br />this Section is intended to govern fully the rights and obligations of the parties in the event <br />of a permanent taking. Licensee and the City each hereby waives and releases any right <br />to terminate this Master License in whole or in part under sections 1265.120 and <br />1265.130 of the California Code of Civil Procedure (partial termination of lease and court <br />order terminating lease, respectively) and under any similar Laws to the extent applicable <br />to this Master License. <br />15.2 Temporary Takings. <br />A taking that affects any portion of the License Area for less than 90 days will have no <br />effect on the affected Pole License, except that Licensee will be entitled to an abatement in the <br />License Fee to the extent that its use of the License Area is materially impaired. In the event of <br />any such temporary taking, Licensee will receive that portion of any award, if any, that represents <br />compensation for the use or occupancy of the License Area during the Term up to sum of the <br />License Fees and Additional Fees payable by Licensee for the period of the taking, and the City <br />will receive the balance of the award. <br />16 ASSIGNMENT <br />16.1 Restriction on Assignment. <br />Except as specifically provided in Section 16.6 (Permitted Assignment), Licensee shall <br />not directly or indirectly Assign any part of its interest in or rights with respect to the License Area <br />without the City’s prior consent. The City will not unreasonably withhold, condition, or delay its <br />consent to an Assignment other than an Assignment covered by Article 11 (Liens). <br />16.2 Notice of Proposed Assignment. <br />Except as specifically provided in Section 16.6 (Permitted Assignment), if Licensee <br />desires to enter into an Assignment of this Master License or any Pole License issued under this <br />Master License, Licensee shall give notice (a “Notice of Proposed Assignment”) to the City, <br />stating in detail the terms and conditions for such proposed Assignment and financial information <br />reasonably sufficient to show that the proposed assignee (the “Assignee”) has a demonstrated <br />ability to perform all of the obligations of Licensee under this Master License and any Pole <br />License issued hereunder. If Licensee does not deliver all information that the City reasonably <br />requires simultaneously with the Notice of Proposed Assignment, the date of Licensee’s delivery <br />of notice will be deemed to have occurred only when it has delivered any additional information <br />the City requests. <br />16.3 City Response. <br />16.3.1 Timing. The City will grant or deny any request for consent to an <br />Assignment within 30 days after the City’s receipt or deemed receipt, if delayed under <br />Section 16.2 (Notice of Proposed Assignment), of the Notice of Proposed Assignment <br />(the “Assignment Response Period”). If the City consents to the proposed Assignment, <br />then Licensee will have 180 days following the date the City delivers its consent notice to <br />Licensee to complete the Assignment. As a condition of the City’s consent, the City shall <br />be entitled to seventy-five percent (75%) of the amount payable by the assignee to <br />Licensee as additional rent for the assigned License Area created by this Master <br />Agreement and related Pole License (“Bonus Rent”). The City shall be entitled to review <br />Licensee’s books and records relating to Bonus Rent, provided that the City agrees in <br />writing to keep the information in such books and records confidential, to the extent <br />permitted by law, with the agreement to be in a form of a commercially reasonable <br />confidentiality agreement.