Laserfiche WebLink
needed for any of the following purposes: (a) if required for the construction, modification, <br />completion, repair, relocation, or maintenance of a Licensor or other public agency project; <br />(b) because the Equipment is interfering with or adversely affecting proper operation of <br />Licensor -owned Municipal Facilities; or (c) to protect or preserve the public health or safety. In <br />any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent <br />alternate location. If Licensee shall fail to relocate any Equipment as requested by the Licensor <br />within the ninety (90) days, Licensor shall be entitled to remove or relocate the Equipment at <br />Licensee's sole cost and expense, without further notice to Licensee. Licensee shall pay to the <br />Licensor actual costs and expenses incurred by the Licensor in performing any removal work and <br />any storage of Licensee's property after removal within thirty (30) days of the date of a written <br />demand for this payment from the Licensor. <br />6.8.3 To the extent the Licensor has actual knowledge thereof, the Licensor will <br />attempt promptly to inform Licensee of the displacement or removal of any Municipal Facility on <br />which any Equipment is located. <br />6.9 Unauthorized Equipment. If Licensor discovers any Equipment has been <br />installed on Municipal Facilities without authorization pursuant to a Supplement, Licensor may <br />send an invoice to Licensee for a stun equal to five (5) times the then -current License Fee (or <br />Alternate License Fee, if applicable) as compensation for the unauthorized attachments, and, <br />within sixty (60) days from the date of such invoice, Licensee shall (i) pay the invoiced amount to <br />Licensor and submit an Application for the unauthorized Equipment, or (ii) produce <br />documentation showing Licensor's prior approval of the Equipment identified in the invoice. If, <br />in accordance with this Section, Licensee Pails to pay all fees and submit the Application or submit <br />documentation satisfactorily showing Licensor's prior approval within sixty (60) days of <br />Licensor's invoice, Licensor may remove the unauthorized Equipment at Licensee's expense. If <br />Licensor removes such unauthorized Equipment, such Equipment shall become the property of <br />Licensor, who shall have sole rights over such Equipment's disposition. Licensor's removal of <br />unauthorized Equipment shall not release Licensee from its obligation to pay those invoiced fees <br />accruing pursuant to this Section. <br />6.10 Termination of a Supplement. <br />6.10.1 Licensee shall have the right to terminate any Supplement on thirty (30) <br />days' notice to Licensor. In the event of such termination, removal of Equipment associated with <br />the terminated Supplement shall be governed by Section 6.11 below and Licensor shall retain any <br />License Fee (or Alternate License Fee, if applicable) paid. <br />6.10.2 Licensor shall have the right to terminate any Supplement in the following <br />circumstances: (a) if, after installation, Licensor determines the covered Equipment has been <br />inoperative or abandoned for sixty (60) consecutive days, and Licensee does not provide an <br />adequate explanation or commence to cure within thirty (30) days following notice; (b) if <br />Licensee's operation under a particular Supplement is deemed by Licensor to endanger or pose a <br />threat to the public health, safety or welfare or interfere with the normal day-to-day operation of <br />any Licensor department or service; or (c) Licensor is mandated by law, a court order or decision, <br />or the federal, state, or local government to take certain actions that will cause or require the <br />removal of any Equipment. <br />Page 12 of 23 <br />