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Last modified
5/20/2025 4:47:58 PM
Creation date
9/18/2024 1:34:15 PM
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Contracts
Company Name
METRICOM
Contract #
A-1996-090
Agency
Public Works
Destruction Year
2999
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flatter of this Franchise which are not fully expressed herein. <br />11.4 This Franchise may not be amended except pursuant to a <br />written instrument signed by both parties. <br />11.5 If any one or more of the Provisions of this Franchise <br />shall be held by court of competent jurisdiction in a final <br />judicial action to be illegal, invalid, or unconstitutional, such <br />Provision(s) shall be deemed severable from the remaining <br />Provisions of this Franchise and shall in no way affect the <br />validity of the remaining portions of this Franchise. The Council <br />hereby declares that it would have passed this Franchise and each <br />Provision hereof irrespective of the fact that any one or more <br />Provisions be declared illegal, invalid, or unconstitutional. <br />11.6 Metricom shall be available to the staff employees of any <br />City department having jurisdiction over Metricom's activities 24 <br />hours a day, 7 days a week, regarding problems or complaints <br />resulting from the attachment, installation, operation, <br />maintenance, or removal of the Radios. The City may contact by <br />telephone the network control center operator at telephone number <br />(800) 556-6123 regarding such problems or complaints. <br />11.7 This Franchise shall be governed and construed by and in <br />accordance with the laws of the State of California. In the event <br />that suit is brought by a party to this Franchise, the parties <br />agree that trial of such action shall be vested exclusively in the <br />state courts of California, County of orange, or in the United <br />States District Court, Central District of California, in the <br />County of orange. <br />11.8 All exhibits referred to in this Franchise and any <br />addenda, attachments, and schedules which may, from time to time, <br />be referred to in any duly executed amendment to this Franchise are <br />by such reference incorporated in this Franchise and shall be <br />deemed a part of this Franchise. <br />11.9 This Franchise is binding upon the successors and assigns <br />of the parties hereto. <br />11.10 Metricom acknowledges that the City may develop <br />rules, regulations, and specifications for the attachment, <br />installation, and removal of Radios and any similar purpose radios <br />on the City -owned facilities, including poles, and such rules, <br />regulations, and specifications, and when finalized, shall govern <br />Metricom's activities hereunder as if they were in effect at the <br />time this Franchise was executed by the City; provided, however, <br />that in no event shall such rules, regulations or specifications <br />materially interfere with or affect Metricom's right to install <br />Radios, or Metricom's ability to transmit or receive radio signals <br />from Radios installed, pursuant to and in accordance with this <br />Franchise.. <br />11 <br />
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