Laserfiche WebLink
36 <br />22 REQUIRED RECORDS <br />22.1 Records of Account. <br />Licensee shall maintain during the Term and for a period ending 3 years after the <br />Expiration Date or earlier termination of this Master License the following records at a place of <br />business within the State of California or in an electronic format: (a) identification and location of <br />all City Poles under active Pole Licenses; (b) amounts and dates of License Fees paid to the <br />City; (c) Regulatory Approvals issued for the installation, operation, and maintenance of <br />Equipment on City Poles; and (d) correspondence with the City concerning any matter covered <br />by this Master License all covering a period of not more than three years. The City, or a <br />consultant acting on its behalf, will have the right to inspect and audit Licensee’s records at <br />Licensee’s place of business during regular business hours on 10 business days’ notice to <br />Licensee. <br />22.2 Estoppel Certificates. <br />Licensee, at any time and from time to time on not less than 30 days’ notice from the City, <br />shall execute, acknowledge, and deliver to the City or to any party designated by the City, a <br />certificate of Licensee stating: (a) that Licensee has accepted the License Area (or, if Licensee <br />has not done so, that Licensee has not accepted all or any part of the License Area and <br />specifying the applicable portions of the License Area and reasons for non-acceptance); (b) the <br />Commencement Dates of any Pole Licenses then in effect; (c) the Effective Date and Expiration <br />Date of this Master License; (d) that this Master License and Pole Licenses are unmodified and <br />in full force and effect or, if modified, the manner in which they are modified; (e) to Licensee’s <br />knowledge, whether any defenses then exist against the enforcement of any of Licensee’s <br />obligations under this Master License (and if so, specifying the same); (f) to Licensee’s <br />knowledge, whether any of the City’s obligations under this Master License are outstanding (and <br />if so, identifying any City obligations that Licensee believes that the City has failed to meet); <br />(g) the dates, if any, to which the License Fees and Additional Fees have been paid; and (h) any <br />other information that may be reasonably required by any such persons. <br />22.3 Regulatory and Bankruptcy Records. <br />22.3.1 Copies for City Records. Licensee shall provide to the City upon <br />request copies of: (a) any pending applications, communications, or other documents <br />related to any filing by or against Licensee of an action for bankruptcy, receivership, or <br />trusteeship; and (b) all relevant non-privileged petitions, applications, communications, <br />and reports submitted by Licensee to the FCC or any other Regulatory Agency having <br />jurisdiction directly related to Licensee’s installation or operation of Equipment on City <br />Poles or other property. <br />22.3.2 Production of Documents. The City will attempt to notify Licensee <br />promptly after delivery of any request for copies of these records made under any <br />public records Law or in any court proceeding and of the date on which the records <br />are to be made available. If Licensee believes that any of the requested records are <br />confidential or contain proprietary information, Licensee must identify those records to <br />the City before the date of required production. If the request is made through any <br />court or administrative proceeding, or the requesting party otherwise makes a formal <br />complaint regarding nondisclosure, Licensee will have the burden to obtain any <br />protective order needed to withhold production at its sole cost and expense. Licensee <br />acknowledges that the City’s compliance with any court order, including a subpoena <br />duces tecum, will not violate this Subsection. The City’s failure to notify Licensee will <br />not affect the City’s legal obligation to produce records or give rise to any Claim by <br />Licensee against the City.