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10.A. Action 2019 0107
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10.A. Action 2019 0107
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12/21/2018 7:57:16 PM
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12/21/2018 7:57:12 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/7/2019
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PERM
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Agmt 2019 MLA for Small Cell Pole Attachment
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Path:
\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
(Message)
Path:
\City Clerk\City Council\Ordinances\2019
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30 <br />17 DEFAULT <br />17.1 Events of Default by Licensee. <br />Any of the following will constitute an event of default by Licensee under this Master <br />License and any Pole and Associated Facilities Licenses issued under it: <br />17.1.1 Nonpayment of Fees. Licensee fails to pay any License Fee or <br />Additional Fees as and when due, if the failure continues for thirty (30) days after written <br />notice from City to Licensee of such failure. <br />17.1.2 Lapsed Regulatory Approvals. Licensee fails to maintain all Regulatory <br />Approvals required for the Permitted Use, if the failure continues for 10 days after written <br />notice from City to Licensee of such failure. <br />17.1.3 Prohibited Assignment. Licensee enters into an Assignment in violation <br />of Article 16 (Assignment). <br />17.1.4 Interference with City. Licensee interferes with the City’s operations in <br />violation of Section 27.5.1 (Licensee’s Obligation Not to Cause Interference) for a period <br />of 10 days after written notice thereof from City to Licensee. <br />17.1.5 Failure to Maintain Insurance. Licensee fails to maintain insurance as <br />required by Article 19 (Insurance). <br />17.1.6 Failure to Cure. Licensee fails to cure noncompliance with the specified <br />requirements of this Master License after initial and follow-up notices or to pay the Default <br />Fees as set forth in Subsection 17.2.4 (Default Fees). <br />17.1.7 Other Terms. Licensee fails to perform or comply with any other <br />obligation or representation made under this Master License, if the failure continues for 30 <br />days after the date of notice from the City, or, if such default is not capable of cure within <br />the 30-day period, Licensee fails to promptly undertake action to cure such default within <br />such 30-day period and thereafter fails to use its best efforts to complete such cure within <br />60 days after the City’s notice. <br />17.1.8 Abandonment. Licensee removes its Equipment or abandons the <br />License Area for a continuous period of more than 60 days, such that the License Area is <br />no longer being used for the Permitted Use. <br />17.1.9 Insolvency. Any of the following occurs: (i) the appointment of a receiver <br />due to Licensee’s insolvency to take possession of all or substantially all of the assets of <br />Licensee; (ii) an assignment by Licensee for the benefit of creditors; or (iii) any action <br />taken by or against Licensee under any insolvency, bankruptcy, reorganization, <br />moratorium, or other debtor relief Law, if any such receiver, assignment, or action is not <br />released, discharged, dismissed, or vacated within 60 days. <br />17.2 City’s Remedies. <br />In addition to all other rights and remedies available to the City at law or in equity, the City <br />will have the following remedies following the occurrence of an event of default by Licensee. <br />17.2.1 Continuation of License. Without prejudice to its right to other remedies, <br />the City may continue this Master License and applicable Pole or Associated Facilities <br />Licenses in effect, with the right to enforce all of its rights and remedies, including the right <br />to payment of License Fees, Additional Fees, and other charges as they become due. <br />17.2.2 Termination of Pole or Associated Facilities License. If a default specific <br />to one or more Pole or Associated Facilities Licenses is not cured by Licensee within the <br />applicable cure period, specified in Section 17.1 (Events of Default by Licensee), the City <br />may terminate each Pole or Associated Facilities License in default.
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