Res 2018-125/approving amendments that extend the terms for five additional years of a non-exclusive license agreement for the use of public rights-of-way and a license agreement for attachments to utility facilities, each with ATC Outdoor Das, LLC. rela

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(b) Section 4 of the License Agreement is hereby deleted in its entirety and replaced with the following provision: The License Term and the rights, privileges and authority hereby granted shall be in force and effect for a term beginning upon the First Amendment Effective Date, and shall continue in effect for a term of five (5) years (the"Term"). 3. License Renewal Procedures. Section 26 of the License Agreement is hereby deleted in its entirety and replaced with the following provision: The License Agreement will be automatically renewed for successive five (5) years terms, unless either party has given written notice to the other party at least ninety (90) days prior to the expiration of the then current term of that party's intention not to renew the License Agreement. 4. Miscellaneous. (a) All Other License Agreement Terms in Effect. Except to the extent the License Agreement is modified by this First Amendment, all other terms and conditions of the License Agreement will continue in full force and effect, and are hereby ratified and confirmed. In the event of a conflict between the terms of the License Agreement and the terms of this First Amendment, the terms of this First Amendment shall prevail. All captions are for reference purposes only and shall not be used in the construction or interpretation of this First Amendment. (b) Entire Agreement. This First Amendment represents the entire agreement of the City and ATC with respect to the subject matter hereof, and the terms hereof shall not be amended or changed by any oral representation or agreement. To be effective, any amendments to the License Agreement shall be in writing and shall be executed by both parties hereto. (c) Counterparts. This First Amendment may be executed in counterparts, including counterparts transmitted by electronic mail, each of which shall be deemed an original, but all of which, together, shall constitute one amendment. (d) Authority. Each signatory of this First Amendment represents that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting. [Signatures on following page.]