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Agmt 2019 MLA for Small Cell Pole Attachment
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Agmt 2019 MLA for Small Cell Pole Attachment
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Last modified
6/5/2019 7:14:27 AM
Creation date
2/21/2019 4:31:33 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/7/2019
Retention
PERM
Document Relationships
10.A. Action 2019 0107
(Attachment)
Path:
\City Clerk\City Council\Agenda Packets\2019\Packet 2019 0107
Ord 2019-001 PAD
(Amended)
Path:
\City Clerk\City Council\Ordinances\2019
Reso 2019-002
(Approved)
Path:
\City Clerk\City Council\Resolutions\2019
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16.6.2 Conditions. A Permitted Assignment is subject to the following conditions: <br />16.6.2.1 The Assignee uses the License Area only for the Permitted <br />Use and holds all Regulatory Approvals necessary to lawfully install, <br />operate, and maintain Equipment on the License Area. <br />16.6.2.2 Licensee provides the City with notice 30 days before the <br />effective date of the Permitted Assignment, stating the contact information <br />for the proposed Assignee and providing financial information establishing <br />that the proposed Assignee meets the capital and fiscal qualifications <br />stated in this Section. <br />16.6.2.3 Licensee is in good standing under this Master License. <br />16.7 Licensee's Third Party Carrier Customers <br />The parties agree and acknowledge that, notwithstanding anything in this Master License <br />or any Pole License to the contrary, certain Equipment deployed by Licensee in the License <br />Areas pursuant to this Master License may be owned and/or operated by Licensee's third -party <br />wireless carrier customers ("Carriers") and installed and maintained by Licensee pursuant to <br />license agreements between Licensee and the Carriers. Such Equipment shall be treated as <br />Licensee's Equipment for all purposes under this Master License and applicable Pole Licenses, <br />provided that (i) Licensee remains responsible and liable for all performance obligations under <br />this Master License and the applicable Pole Licenses with respect to such Equipment; (ii) City's <br />sole point of contact regarding such Facilities shall be Licensee; and (iii) Licensee shall have the <br />right to remove and relocate such Equipment without the need for consent by City. <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 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 />29 <br />
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