Res 2004-135 - Laserfiche WebLink

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constitute grounds for the City to terminate either the Permit for the Attachments involved, or this entire Agreement. 4.06. The City's service maintenance and restoration requirements will take precedence over any work of the Licensee on the Poles. 4.07. The Licensee will not use risers on the Poles without the City's express prior written permission. On all Poles on which there are electric air switches or risers, the Licensee will install its Attachments to the Poles using stand-off brackets approved by the City. ARTICLE 5. PRIVATE AND REGULATORY COMPLIANCE 5.01. The Licensee will be responsible for obtaining from the appropriate public and private authorities and persons all authorizations required by the authorities or persons to construct, operate and maintain the Licensee's Facilities on public and private property before the Licensee makes any Attachments to the Poles. The City may require the Licensee to submit evidence that appropriate authorizations have been obtained before issuing a Permit to the Licensee. The Licensee's obligations include, but are not limited to, the obtaining of approvals"to occupy public or private rights-of-way and to pay all associated fees. The Licensee will hold harmless, defend and indemnify the City from and against all costs and expenses, including the reasonable fees of attorneys and expert witnesses selected by the City, that the City may incur as a result of any claims that the Licensee does not have sufficient rights or authority to install or maintain the Licensee's Facilities at any location. 5.02. The Licensee will ensure that the Licensee's Facilities serve a lawful purpose at all times, and the use of the Licensee's Facilities must comply with all applicable local, state and federal laws. 5.03. The license granted under this Agreement will not extend to any Pole where the attachment of the Licensee's Facilities would result in an impairment or forfeiture of any right or interest of the City. If an Attachment would cause such an impairment or forfeiture, the Licensee will remove the Attachment within the time specified in a written notice from the City. The City may remove the Attachment at the Licensee's expense if the Licensee does not remove the Attachment within the time specified in the notice. 5.04. Consent by the City to the installation or maintenance of any Attachment of the Licensee will not be deemed to be an acknowledgment by the City that the Licensee has the necessary authority to construct or maintain the Attachment. ARTICLE 6. PERMIT APPLICATION PROCEDURES 6.01. The Licensee will not install any Attachments on any Pole, other than a drop pole or lift pole located on a customer's property, without first applying for and obtaining a Permit from the City's Electric Utility Department. The Licensee will not occupy or attach the Licensee's 7