Res 2004-135 - Laserfiche WebLink

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10.03. The City will give the Licensee 30 days written notice of the need to remove any of the Licensee's Attachments by reason of any Federal, State, County, City or other governmental requirement, or the requirement of a property owner, and the Licensee will remove the affected Attachments promptly within that time period. If the Licensee fails to remove the Licensee's Facilities from the City Facilities during that time, the City may remove the facilities at the Licensee's expense. 10.04. The City may charge the Licensee liquidated damages in the amount specified in Appendix A if the Licensee does not remove the Licensee's Facilities as required under Sections 10.01 - 10.03. The assessment of liquidated damages is separate and apart from the City's right to enforce the provisions of any performance bond required under this Agreement, and is intended to be in addition to any other remedies the City may have. The parties acknowledge that the amounts of actual damages for the Licensee's failure to timely remove the Licensee's Facilities will be difficult or impossible to ascertain; that the damages set forth in this Section are a reasonable approximation of actual damages; and that the intent of this Section is to provide compensation to the City and not to assess a penalty against the Licensee. ARTICLE 11. REMOVAL OF LICENSEE'S FACILITIES 11.01. At the expiration or any termination of this Agreement or of a Permit, the Licensee will remove the Licensee's Facilities from the Poles at its oWn expense. If the Licensee fails to remove the facilities within 90 days of the expiration or termination, the City will have the right to remove the Licensee's Facilities and charge all costs for the removal to the Licensee, or to treat the Licensee's facilities as abandoned and to assume ownership and use of the facilities. 11.02. If state or federal law prevents the City from requiring the removal of the Licensee's Facilities upon termination of this Agreement, the City is entitled to charge liquidated damages to the Licensee in the amount specified in Appendix A. This provision for assessment of liquidated damages is intended to be separate and apart from the City's right to enforce the provisions of any performance bond required under this Agreement, and is intended to be in addition to any other remedies the City may have. The parties acknowledge that the amounts of actual damages for the Licensee's failure to remove the Licensee's Facilities will be difficult or impossible to ascertain; that the damages set forth in this Section are a reasonable approximation of actual damages; and that the intent of this Section is to provide compensation to the City and not to assess a penalty against the Licensee. ARTICLE 12. TERMINATION OF PERMITS 12.01. Any Permit issued under this Agreement will automatically terminate when the Licensee ceases to have authority to construct, maintain and operate its Facilities on public or private property at the location of the Licensee's Facilities covered by the Permit. The termination of any franchise agreement between the City and the Licensee will terminate the Licensee's authority under this Section as to the provision of all services other than Telecommunications Service through the Licensee's Facilities within City right-of-way. 12