Res 2004-135 - Laserfiche WebLink

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2.13. The parties acknowledge that this Agreement is the result of arms-length negotiations, and that the rates, terms and conditions set under this Agreement are just and reasonable. ARTICLE 3. FEES AND CHARGES 3.01. The Licensee will pay to the City the fees and charges specified in Appendix A, and all other costs and charges specified in this Agreement. 3.02. Irrespective of the date on which an Attachment is actually made, all Attachment Fees will be calculated and payable for the entire year in which a Permit for the Attachment is issued. 3.03. The Licensee will submit to the City an annual inventory listing the locations and number of the Licensee's Attachments to the Poles. This inventory will be for all Attachments in place on January 1 st of each year and will be submitted to the City no later than February 1 st of each year. Overlashing an existing Attachment will not be counted as a separate Attachment for calculation of fees if the Licensee owns the overlashed cable and the new cable. If Attachments of the Licensee are identified that are not listed on an inventory, the Licensee will pay the City at three times the annual rate for the Attachments. 3.04. If the Licensee fails to submit an inventory, the Licensee will pay the City all costs associated with the City's performance of an inventory ·of the Licensee's Attachments. In addition, the Licensee will pay the City an amount equal to two times the current annual rate for all attachments identified in the City's inventory for the year in which the inventory is completed. 3.05. The City will invoice the Licensee for Attachment Fees annually. The Licensee will pay each invoice within 30 days after the date of the invoice. The Licensee will pay all other charges assessed to the Licensee by the City under this Agreement within 30 days after the date the fee or charge is due. For fees and charges for which the City is required to invoice the Licensee, the fees or charges will be due 30 days after the date of the invoice. If the City does not receive any fee or charge owed by the Licensee within 30 days after the date of an invoice, the Licensee will pay interest to the City on the past due amount, compounded daily from the date due until the date paid, at the maximum rate permitted by applicable law. 3.06. The City may make changes to the fees and charges set forth in Appendix A with at least 120 days prior written notice to the Licensee. The Licensee may terminate this Agreement at the end of a notice period, if the change in fees and charges is not acceptable to the Licensee, by giving the City written notice of its election to terminate this Agreement at least 30 days prior to the end of the notice period. All fees contained in Appendix A are in effect and payable until adjusted. 3.07. The Licensee will bear all costs, including payment of all amounts due to the City, for Make-Ready Work required to accommodate the Licensee's Facilities. 5