Reso 1996-131 to 135 - Laserfiche WebLink

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(b) Notwithstanding the foregoing, either party at its sole election upon one hundred eighty (180) days' written notice to the other party may terminate without further liability the license granted to Permittee hereunder as to all or any portion of the Pole Attachments and Permittee shall relinquish use of the PG&E Poles and remove its Pole Attachments from PG&E Poles in accordance with this Agreement prior to the effective date of termination. 11.3 REMOVAL OF POLE ATTACHMENTS. Any expiration or termination of Permittee's rights and privileges hereunder shall not relieve the Permittee of any obligation, whether indemnity or otherwise, which has accrued prior to such termination or completion of removal of Permittee's Pole Attachments, whichever is later, or which arises out of an occurrence happening prior thereto. Upon any expiration or termination, Permittee shall relinquish use of the PG&E Poles and remove its Pole Attachments from PG&E Poles in accordance with this Agreement prior to the effective date of expiration or termination. If Permittee fails to remove the Poles Attachments from the PG&E Poles by the expiration of this Agreement or as may be required by PG&E within the time period designated in a notice pursuant to Article 8, Section 11.2 or otherwise required by this Agreement, PG&E shall be entitled to consider Permittee's equipment on the Pole Attachments abandoned as set forth in Section 11.4 below without the necessity of additional notice or passage of time. 11.4 ABANDONMENT. If Permittee fails to use its equipment on the Pole Attachments for any period of ninety (90) days, Permittee shall be deemed to have abandoned the equipment which shall terminate all rights of Permittee hereunder, whereupon PG&E shall have the right on giving Permittee ten (10) days' written notice of its intention to do so to remove said equipment at Permittee's sole risk and expense and retain same as PG&E's own, and Permittee agrees to reimburse PG&E for such expense. Such abandonment shall not relieve Permittee of any obligation, whether of indemnity or otherwise, accruing prior to completion of such removal of PG&E or which arises out of an occurrence happening prior thereto. 11.5 ADDITION OF NEW POLES. PG&E will not add new poles to existing distribution facilities or build new distribution facilities for the sole purpose of accommodating a customer -owned streetlight unless the Permittee agrees to reimburse PG&E for the cost of new facilities. 11.6 NO EFFECT ON FRANCHISES. Nothing herein shall be construed as modifying, restricting, limiting, expanding, extending, renewing, granting, or otherwise affecting any franchise, permit, or license that has been granted or issued to PG&E by Permittee (or any successor of Permittee). 11.7 COMMISSION JURISDICTION. This Agreement shall be subject to all of PG&E's tariff schedules on file with and authorized by the CPUC and shall at all times be subject 15