10.A. Action 2019 0107 - Laserfiche WebLink

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21 normal use of Equipment on the License Area. Licensee’s use of the License Area may not impede or delay in any way the City’s authority and ability to make necessary changes, as determined by the City Engineer, to any License Area to maintain its street lights, utility services, or other municipal services. 9.3 Licensee’s On-Call Representative. Licensee shall at all times have a representative assigned to be on call and available to the City regarding the operation of Licensee’s Equipment. Licensee’s representative shall be qualified and experienced in the operation of Licensee’s Equipment, and shall be authorized to act on behalf of Licensee in any emergency and in day-to-day operations of the Equipment. The contact information for Licensee’s on-call representative is listed in the Basic License Information and will be listed on identification plates as required by Subsection 7.1.2 (Identification and Other Signage). Before the City performs non-emergency maintenance, repair, or other activities on the License Area in the regular course of its business that may impair the operation of Licensee’s Equipment on the License Area, the City will attempt to provide at least 72 hour’s telephonic notice to Licensee’s on-call representative. The City will not be required to delay non- emergency repair or maintenance activities more than 72 hours after attempting to contact Licensee’s on-call representative. 9.4 Emergencies. The parties agree to notify each other within 72 hours of any emergency situation related to any City Poles at the emergency phone numbers listed in the Basic License Information or at the earliest opportunity. In an emergency, however, the City’s work and needs will take precedence over the operations of any of Licensee’s Equipment on the License Area, and the City may access any portion of the License Area that it determines necessary in its sole discretion in accordance with Section 21.2 (Emergency Access), whether or not the City has notified Licensee of the emergency. Licensee acknowledges that City personnel will be entitled to exercise their judgment in an emergency caused by any person, and in the exercise of judgment may determine that the operation of Licensee’s Equipment must be interrupted, or that the circumstances require the removal of any part of Licensee’s Equipment. Licensee agrees that the City will bear no liability to Licensee for the City’s interruption of Licensee’s Equipment operations, removal of Equipment, or other actions with respect to Licensee’s Equipment in an emergency except to the extent caused by the gross negligence or willful misconduct of the City, and that Licensee shall be solely responsible for the costs required to resume operations or repair or replace Equipment following the emergency. 10 LICENSEE’S MAINTENANCE AND REPAIR OBLIGATIONS 10.1 Damage to City Property. If the acts, omissions, or negligence of Licensee or its Agents or Invitees when installing or removing Equipment damages any City Pole, Associated Facilities, License Area, or other City Property, the City will provide notice describing the damage and 30 days’ opportunity to cure. If Licensee fails to repair or replace the damaged City Pole or Associated Facilities in accordance with the requirements of Section 8.1 (Licensee’s Alterations) within the 30-day cure period, or any longer period to which the City agrees in its reasonable discretion, the City may do so at Licensee’s expense. Failure to act after 60 days’ notice will subject Licensee to the Default provisions in Article 17 (Default). Licensee shall reimburse the City for its costs of repair or replacement within 20 days after receipt of the City’s demand for payment, together with copies of invoices or other evidence of its costs. 10.2 Alterations to City Property If Licensee or any of its Agents or Invitees alters or removes any City Property without the City’s express prior approval, Licensee shall restore the City Property to the condition existing