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LOS ANGELES SMSA LIMITED PARTNERSHIP
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Last modified
7/18/2023 8:29:03 AM
Creation date
4/8/2020 8:23:46 AM
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Contracts
Company Name
LOS ANGELES SMSA LIMITED PARTNERSHIP
Contract #
A-2020-047
Agency
PUBLIC WORKS
Council Approval Date
3/17/2020
Expiration Date
3/31/2030
Destruction Year
2035
Notes
For Insurance Exp. Date see Notice of Compliance
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and approved by the Licensor as part of the applicable Supplement. Any Replacement Facility <br />shall be installed, maintained, repaired, and/or replaced in accordance with Section 6 of this <br />Agreement. <br />4.1.4 Unmetered electricity unless otherwise approved. Licensee shall be <br />solely responsible for obtaining and maintaining the provision of electricity to the Equipment, <br />including, but not limited to, making payments to electric utilities and installation of separate <br />electric meters, if necessary. Licensee shall secure unmetered electricity services and shall not <br />incorporate a meter box in its Equipment design unless otherwise approved by the Director of <br />Public Works or required by the servicing utility company. <br />4.2 Additional Authority. Nothing in this Agreement shall limit in any way <br />Licensee's obligation to obtain any additional required regulatory approvals from any City <br />department, board or commission or other governmental agency that has regulatory authority over <br />the Licensee's proposed activities involving use of the Municipal Facilities in the ROW. <br />4.3 No Interference. Licensee acknowledges and agrees that the primary purpose of <br />the Municipal Facilities is to serve the Licensor and the public. Licensee in the performance and <br />exercise of its rights and obligations under this Agreement shall not interfere in any manner with <br />Licensor's own services or the existence and operation of any and all Public Rights -of -Way, <br />sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and <br />telephone wires, traffic signals, communication facilities owned by the Licensor, electroliers, cable <br />television, location monitoring services, public safety and other then existing telecommunications <br />equipment, utility, or municipal property, without the express written approval of the owner or <br />owners of the affected property or properties, except as permitted by applicable laws or this <br />Agreement. If such interference should occur, Licensee shall discontinue using the Equipment, <br />methodology or technology that causes the interference until such time as Licensee takes corrective <br />measures to eliminate such interference. In the event that such interference does not cease <br />promptly, Licensee acknowledges that continuing interference may cause irreparable injury and <br />harm, and therefore, in addition to any other remedies, and without limitation of any other remedy, <br />Licensor shall be entitled to seek temporary and permanent injunctions against the breach of this <br />Subsection. Notwithstanding the foregoing, Licensor agrees to work in good faith with Licensee <br />to resolve any interference to or by Licensee. <br />4.4 Permits; Default. In addition to any other remedies available hereunder, whenever <br />Licensee is in default of this Agreement or an applicable Supplement, after notice and applicable <br />cure periods, Licensor may deny further encroachment, excavation or similar permits for work in <br />connection with installations under this Agreement until such time as Licensee cures all of its <br />defaults. <br />4.5 Compliance with Laws. Licensee shall comply with all applicable laws in the <br />exercise and performance of its rights and obligations under this Agreement. <br />4.6 Non -Exclusive Use Rights. Notwithstanding any other provision of this <br />Agreement, any and all rights expressly or impliedly granted to Licensee under this Agreement <br />shall be non-exclusive, and shall be subject and subordinate to (1) the continuing right of the <br />Licensor to use, and to allow any other person or persons to use, any and all parts of the ROW or <br />Page 6 of 23 <br />
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