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FULL PACKET_2017-02-21
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FULL PACKET_2017-02-21
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5/6/2021 5:38:04 PM
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2/17/2017 2:18:46 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Date
2/21/2017
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arising out of or pertaining to any Work, or any act or failure to act by any of Licensee's <br />employees, agents, or contractors in relation to the Upgraded Attachments and Future <br />Attachments. <br />d. The performance of any Work shall comply with the requirements for such <br />Work as contained in applicable industry standards, specific work requirements imposed by <br />Licensor or a third party, and in any Applicable Requirements associated with the Work. <br />e. Upon written notification from Licensor or a government authority that the <br />Attachment or any Equipment is out of compliance with any Applicable Requirement or is <br />unsafe or hazardous, Licensee shall promptly take whatever --actions are necessary to come <br />into full compliance with such Applicable Requirements or to remedy the unsafe or <br />hazardous condition, as the case may be. Notwithstanding,&ny other provision of this <br />Agreement, if at any time, in Licensor's sole judgm��ut;"an unsafe' or dangerous condition <br />exists, Licensor shall immediately notify Licensee,ad✓Lice nsee shal`have twenty-four (24) <br />hours from such notice to remedy the unsafe or dangerous condition :f Licensee does not <br />remedy the unsafe or dangerous condition f, Ja such tti 0nty-four (24) hour period, then <br />w� <br />Licensor may correct such condition and notify LYcensee''of such correction within three (3) <br />business days. If at any time, in Licenser's soent, an imminent threat to human <br />life or safety exists, Licensor may .ebrrect such c tion and notify Licensee of such <br />correction within three (3) business da-ks <br />f. Licensee shall not drill, burn or, punch any holes in a Light Pole, without first <br />obtaining written consent frrsxzi Licensor; which consent shall not be unreasonably withheld. <br />Licensee shall reimburse Licensb"for any damage to any Licensor Light Pole in connection <br />with the use, repair, restoration or replacement of a Light Pole by Licensee. <br />g. Licensee shalLfollow Licensor's established procedures to request Licensor to <br />replace a Licensor Light •Pole with a Custom Light Pole, and Licensee shall be solely <br />responsible for all coats of such request and any resulting replacement. <br />7. REMOVAL OF AN -,,ATTACHMENT FROM A LIGHT POLE <br />a. Licensee may' at any time remove an Attachment from any Light Pole in <br />compliance with Applicable Regulations. <br />b. Nothing in this Agreement shall be construed to limit Licensor's rights, at any <br />time, to remove a Light Pole from service or to require Licensee to remove its Attachment <br />from a Light Pole that is being removed from service. In the event Licensor requires <br />Licensee to remove its Attachment from a Light Pole that is being removed from service, <br />then Licensor will notify Licensee ninety (90) days prior to the removal and use reasonable <br />efforts to supply Licensee with an alternative Light Pole for such Attachment. Licensee shall <br />complete removal of its Attachment within ninety (90) days of Licensor's request to do so. <br />C. Whenever Licensee removes an Attachment, Licensee shall restore the Light <br />Pole to its original condition, reasonable wear and tear excepted, except where Licensor <br />55394.00025\29221101.1 -4- <br />55A-190 <br />
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