Res 2002-059 - Laserfiche WebLink

Home Browse Search

14. Nothing herein contained shall be construed to confer upon the Licensee any property rights in City-owned poles or other distribution facilities, or to compel the City to maintain its poles or other distribution facilities longer than the City's own business requires. 15. If the Licensee's communication facilities under this Agreement become capable of providing load management and/or other electric customer services, the Licensee hereby grants to the City the option of using any available capacity in the Licensee's facilities for that purpose provided that the use will in no way impair the Licensee's operation of its facilities. 16. This Agreement will continue in effect until terminated by either party. Either party may terminate this Agreement at any time upon giving to the other party 90 days notice in writing of its intention to terminate. Upon the termination date, the Licensee shall immediately remove all of its facilities from the City-owned poles, completing the removal within 30 days after the termination date. If not so removed by the Licensee, the City shall have the right to remove the Licensee's equipment at the cost and expense of the Licensee, and without any liability therefor. 17. If any of the Licensee's Facilities are installed, used, or maintained in violation of this Agreement, and the Licensee does not correct the violation within 10 days from receipt of written notice of the violation from the City, or another time period specified by the City in the notice, the City may at its own option correct the violatjon. The City will attempt to notify the Licensee prior to performing the work whenever practicable, but if the City determines that a violation may pose an immediate threat to the safety of any person or to the integrity of any City facility, or may interfere with the performance of the City's service obligations, the City may perform the work without giving notice to the Licensee. As soon as practicable thereafter, the City will notifY the Licensee in writing of the work performed or the action taken. The Licensee will be responsible for paying the City for all costs the City incurs in correcting any violation under this subsection. Any failure of the Licensee to timely correct a violation will constitute grounds for the City to terminate this Agreement. 18. If, in the opinion of the City, the Licensee is not complying with any other provision of this Agreement, the City shall have the right by written notice to the Licensee to terminate this Agreement, with no refund of rental fees paid. 19. Upon any termination of this Agreement, the Licensee shall immediately remove all of its facilities from City poles, completing the removal within 30 days after the termination date. If not so removed by the Licensee, the City shall have the right to remove the Licensee's equipment at the cost and expense of the Licensee, and without any liability therefor. LICENSEE: SOUTHWEST TEXAS STATE UNIVERSITY By ~ ~~r.~ Printed ame/Title CITY OF SAN MARCOS By: DATE: DATE: March 26, 2002 3