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Res 2004-135
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Res 2004-135
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Last modified
6/21/2005 1:24:51 PM
Creation date
6/15/2005 1:55:26 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2004-135
Date
8/9/2004
Volume Book
156
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<br />21.02. The City will notify the Licensee in writing of any default. The Licensee will take action <br />so that the default is corrected within the correction period stated in the notice. The Licensee will <br />confirm in writing to the City within the correction period that the default has been corrected. If <br />Licensee fails to timely correct the default or deliver the required confirmation, the City may <br />immediately terminate this Agreement in its entirety, or with respect to specifically identified <br />Attachments of the Licensee. In the event of termination of this Agreement or of authorization <br />for any specific Attachments, the City may direct the Licensee to remove the Licensee's Facilities <br />under the terms of Article 11. <br /> <br />21.03. The City's pursuit of one or more remedies for any default by the Licensee will not <br />constitute an election of remedies by the City. <br /> <br />ARTICLE 22. TERM OF AGREEMENT <br /> <br />22.01. This Agreement will become effective upon its execution and, if not terminated in <br />accordance with other provisions of this Agreement, will continue in effect for a term of five <br />years. Either party may terminate this Agreement at the end of the five year term by giving to the <br />other party written notice of an intention to terminate the Agreement at least 90 days prior to the <br />end of the the term. If neither party gives such notice, this Agreement will automatically <br />continue in force until terminated by either party after 90 days written notice. <br /> <br />22.03. The Licensee's insurance and indemnity obligations under this Agreement will survive <br />any termination of this Agreement until such time as the Licensee completes the removal of the <br />Licensee's Attachments from the City Facilities, or the City expressly assumes ownership of any <br />of the Licensee's Facilities that remain as Attachments to City Facilities. <br /> <br />ARTICLE 23. MISCELLANEOUS PROVISIONS <br /> <br />23.01. Each party warrants that this Agreement has been executed by their respective authorized <br />representatives. <br /> <br />23.02. Notices required by this Agreement will be provided by the parties to one another by <br />certified mail, return receipt requested, or by confirmed facsimile transmission, to the following <br />addresses: <br /> <br />To the City: <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, TX 78666 <br />Fax: 512/396-4656 <br /> <br />To Time Warner: <br />Time Warner Entertainment - Advance/Newhouse Partnership <br />c/o Time Warner Entertainment - Advance/Newhouse Partnership, Austin Division <br /> <br />20 <br />
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