8G Consent Calendar 2018 1203 - Laserfiche WebLink

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41 Licensee’s Equipment on the replacement, relocated, or upgraded City Pole at Licensee’s sole cost. The City will endeavor to accommodate a request by Licensee to relocate the Pole License and related Equipment, at Licensee’s sole cost and expense, to another City Pole mutually acceptable to Licensee and City. 27.3.5 Future Use of Existing City Conduit. 27.3.5.1 If City conduit space is part of a License Area, and the City needs to use such City conduit space for future upgrade and expansion of its street light system, the City may require Licensee’s wiring to be removed from the City’s conduit. The City will use reasonable efforts to give Licensee at least 90 days’ notice that the wiring will be removed, but the City’s failure to give notice or delivery of less than 90 days’ notice will not affect the City’s rights under this Subsection. In either case, the City will provide Licensee with a date by which its wiring must be removed. 27.3.5.2 Unless Licensee notifies the City within the time specified in the City’s notice under Subsection (a) above that Licensee has identified an alternative to using City conduit to enable its Equipment without using the City conduit, the Pole License as to the affected City Pole will terminate automatically as of the last day of the month specified in the notice. 27.4 Licensee’s Rights after Termination. Promptly after the effective date of any termination of any Pole License under Subsection 27.2.4 (Interference caused by City Work) or Section 27.3 (City’s Termination Rights), the City will refund the portion of any previously-paid License Fee attributable to the terminated portion of the License Year, subject to Section 3.1.2 (Minimum Term). In addition, if Licensee wishes to replace the City Pole with a different Pole Location, the City will give priority to Licensee’s Pole License applications for an equal portion of replacement City Poles, but the grant of priority will not affect Licensee’s obligations under this Master License, including the requirement to obtain all Regulatory Approvals for the replacement City Poles. 27.5 Special Remedies for Interference with Operations. 27.5.1 Licensee’s Obligation Not to Cause Interference. 27.5.1.1 Licensee will not operate or maintain its Equipment in a manner that interferes with or impairs other communication (radio, telephone, and other transmission or reception) or computer equipment lawfully and correctly used by any person, including the City or any of its Agents. In the event such interference occurs and is not cured within ten (10) days of notice from City, such interference will be an event of default under this Master License by Licensee, and upon notice from the City, Licensee shall be responsible for eliminating such interference promptly and at no cost to the City. Licensee will be required to use its best efforts to remedy and cure such interference with or impairment of City operations. Prior to installation of any equipment, Licensee shall conduct an in-field test at the License Area to determine what existing communications are transmitted from or received in the License Area. A report of the in-field test shall be submitted with each application for a Pole License. 27.5.1.2 If Licensee does not cure the default promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the City will have the right to bring an action against Licensee to enjoin such interference or to terminate all Pole Licenses where the Equipment is causing interference or impairment, at the City’s election. 27.5.2 Impairment Caused by Change in City Use. 27.5.2.1 If any change in the nature of the City’s use of the License Area during the Term results in measurable material adverse impairment to Licensee’s