Laserfiche WebLink
42 <br />normal operation of its Equipment making it necessary to alter the Equipment to <br />mitigate the adverse effect, Licensee shall notify the City and provide evidence of the <br />claimed impairment. Upon receipt of such notice, the City will have the right to make <br />its own reasonable determination and, if it agrees with Licensee, investigate whether it <br />can reasonably and economically mitigate that interference. The City will provide <br />notice to Licensee of the City’s determination within thirty (30) days of its receipt of <br />notice from Licensee. <br />27.5.2.2 If the City determines in its sole discretion that mitigation is feasible <br />and can be achieved for a reasonable cost in the City’s reasonable judgment, the <br />City’s notice will specify when the City will mitigate the adverse effect. The City’s <br />mitigation will effect a cure, and the City will not be liable to Licensee in any other way <br />or be required to take any other measures with respect to the Equipment. <br />27.5.2.3 If the City determines in its sole discretion that mitigation is not <br />feasible or cannot be achieved for a reasonable cost in the City’s reasonable <br />judgment, Licensee may elect either to: (i) terminate the Pole License as to the <br />affected City Pole and receive a ratable reduction in the License Fee; (ii) request to <br />relocate the Pole License and related Equipment, at Licensee’s sole cost and <br />expense, to another City Pole, subject to City’s approval in its sole discretion or (iii) <br />take steps itself at its own cost to mitigate the adverse effect and continue to operate <br />the Equipment on the City Pole, and receive from the City a waiver of the License Fee <br />for the first 6 months of the following License Year under the affected Pole License to <br />offset the cost of mitigation. <br />27.5.2.4 Licensee agrees that the City’s temporary and partial abatement or <br />waiver of the License Fee under this Subsection will be the only compensation due to <br />Licensee for costs incurred or otherwise arising from the adverse effect as liquidated <br />damages fully compensating Licensee for all Claims that may arise or be related to <br />the adverse effects. Under no circumstances may the City be required to alter its <br />operations at the identified City Pole or provide a replacement City Pole to Licensee. <br />27.5.3 Impairment Caused by City Access. Licensee agrees that it will not be entitled <br />to any abatement of License Fees if the City exercises its rights of access under Article 21 <br />(City Access to License Area) unless the City’s activities cause Licensee to be unable to <br />operate Equipment on the License Area for its permitted use for a period of more than 10 <br />days, in which case, subject to proof, License Fees will be abated ratably for the entire period <br />that Licensee is unable to operate any Equipment on any affected City Pole. <br />28 GENERAL PROVISIONS <br />28.1 Formal Notices. <br />This Section applies to all formal notices, requests, responses to requests, and demands <br />made under this Master License. <br />28.1.1 Writings Required. All formal notices will be effective only if given in writing <br />and delivered in accordance with this Section. Nothing in this Section will preclude the use <br />of electronic mail (“e-mail”) for communication of an informal nature, especially with respect <br />to notices according to Sections 9.2 (Notice to Licensee) and Section 9.4 (Emergencies). <br />28.1.2 Manner of Delivery. Except as provided in Subsection 28.1.4 (Special <br />Requirements), formal notices may be delivered by: (i) personal delivery; (ii) certified mail, <br />postage prepaid, return receipt requested; or (iii) prepaid overnight delivery, return receipt <br />requested. Notices must be delivered to: (1) Licensee at Licensee’s address set forth in the <br />Basic License Information, or at any place where Licensee or any Agent of Licensee may be