Res 2002-059 - Laserfiche WebLink

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protect all persons and property against injury or damage from the Licensee's attachments to the City's poles and facilities. 7. There will be a minimum charge of $200.00 per year regardless of the number of attachments. This minimum fee will cover up to 50 attachments, including guying attachments. Any attachments in excess of 50 will be charged an annual fee of $4.00 per attachment. The amount of this fee may be adjusted from time to time by the City with 120 days advance written notice to the Licensee. Fee payments will be due and payable by the Licensee to the City the first business day of each year. 8. The City assumes no responsibility for securing any franchises, right-of-ways, permits, or easements for the making and maintaining of the Licensee's attachments over, across or along streets, alleys, roads, or privately or publicly owned property, and the City grants no permission to the Licensee to make such attachments to the poles of others. The Licensee assumes all such responsibility. The City shall in no way be responsible for the construction, operation, or performance of the Licensee's telecommunication system or any part thereof. In the event that the Licensee's use of any pole or poles is prohibited by law or is objectionable to any public authority, the City, or owner of the property subject to an easement to be used by the Licensee, the license granted by this Agreement shall be subject to immediate termination as to that pole or poles, and the attachments shall be removed at once from the that pole or poles by the Licensee immediately upon written notice from the City. 9. The City may use, change, operate, and maintain its poles and facilities in connection with its business as it sees fit and in such manner as will best enable it to fulfill its own service requirements. The City shall not be liable to the Licensee for any damage to or interference with the operation of the facilities and appurtenances of the Licensee on City-owned poles and facilities caused by such use, operation and maintenance by the City of its poles and facilities. 10. To the fullest extent allowed by law, the Licensee shall indemnifY and save the City harmless against any loss or damage that may result to any equipment or other, property, or to any person or persons (including payments made under any workers' compensation law or under any plan for employees, disability and benefits) which may arise out of or be caused by the erection, maintenance, use or removal of the Licensee's attachments and facilities or which may be caused by any act of the Licensee, its agents, employees, and representatives. 11. If the Licensee ceases for any reason to use the attachments which this Agreement facilitates, this Agreement shall be subject to immediate termination and the Licensee shall remove its attachments from all the poles and facilities of the City within 30 days, and, if not so removed, the City shall have the right to remove them at the cost and expense of the Licensee. 12. Failure to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions. 13. Any assignment, transfer, or sublease of any of the rights herein granted by the Licensee without the written consent of the City shall be void. Subject to this provision, this Agreement shall extend to and bind the successors and assigns of the parties hereto. 2