Laserfiche WebLink
expense of City. <br /> S. CITY'S INITIAL CONSTRUCTION. <br /> No later than ISO days after the Effective Date, City shall install the Marquee in the <br /> Licensed Area in accordance with all of the specifications contained in Exhibit C. <br /> 9. MAINTENANCE. <br /> A. City shall, at its own cost, have all responsibilities for improvements to and <br /> maintenance of the Licensed Area during the term of this Agreement. <br /> B. City, at its expense, shall use commercially reasonable efforts in its sole discretion <br /> to minimize collateral, visual, and aesthetic impacts of the Marquee. Efforts shall <br /> include,but not be limited to,replacing existing equipment with smaller equipment, <br /> decreasing the area used to house supporting equipment, or decreasing the size of <br /> any wireless communications equipment. <br /> C. In the case of any vandalism/damage/broken technology, City will restore the <br /> Marquee to its original state within three business days or communicate any <br /> extenuating circumstances that may extend that timeline to Bowers Museum within <br /> that time frame. <br /> 10. CO-LOCATION and INTERFERENCE. <br /> A. Bowers agrees to not co-locate any billboard or digital marquee not owned by City <br /> within the Licensed Area. <br /> B. Bowers agrees not to erect or allow any other off-premise advertising structure(s), <br /> other than City's on property owned or controlled by Bowers within 1,000 feet of <br /> the Marquee. Bowers further agrees not to erect or allow any other obstruction, or <br /> any vegetation over which it has control, which may entirely or partially obstruct <br /> the street level or roadway view of the Marquee. <br /> C. Prior to permitting the installation by any third party in or around the Licensed Area <br /> of any additional equipment which may interfere with the City's operation of the <br /> Marquee, Bowers shall give City 30 days' written notice of the proposed additional <br /> equipment so that City can determine if the additional equipment will interfere with <br /> the Marquee. If City determines that interference is likely to occur,City shall,within <br /> the 30-day notice period, give Bowers a detailed written explanation of the <br /> anticipated interference, including any supporting documentation as may be <br /> reasonably necessary for Bowers to evaluate City's position. Bowers and City shall <br /> use reasonable efforts to resolve any interference problems before Bowers permits <br /> the third party to operate its proposed equipment. If a subsequent entity is permitted <br /> to operate in or near the Licensed Area, and the subsequent entity's operations <br /> interfere with City's Marquee (as operating and configured prior to the subsequent <br /> City's start of operations or any subsequent approved reconfiguration),then Bowers <br /> Page 7 of 13 <br />