Res 2002-215 - Laserfiche WebLink

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MRY-04-1900 14:59 p.m property during the performance afthis Agreement. Licensee shall similarly defend and indemnify LeRA against my claims from or judgments in favor ofLieensee'J CU~10meN) affiliates or third panics claiming through Licensee as a result of cable or support stNcture failure, interference, sigoal degradation, or OUler service impairmcnts. 30. fon:e Majeure. Neither Party $ball be: liablc for ddays, nonpcnonnance, outages., damage, or losses due to causes beyond iu ~e control, includ.inS but not limited to action orme elements, seven:: weather, fires, floods. sabotage. government or ~gulatory action (including delay in obtainina !ovemment authorizations), delay in obtainins necessary occupancy rights from third parties. strikes, embarJoes, Of delays beyond the control ofvendon or contractors. Damase. wndalism, water Iwage. failure or collapse of the cables. the towers supporting the cables, or tbe communicadons houses whether or not caused or contributed to by a latent defect shall be considered a fora: majeure event. 31. Tcrmioalion for Force Majeure or Obsoleseen.ce. In the event that Segment 'Route facilities should be damaged by force rnaj01re in aces.s or hat! their original cost or should mch facilities become unserviceable through deterioration or degradation in performance of such cdent that the cost of repa.i1'in& or replacing them wQuld ecceed halfthcir original co~ LCRA may elect not to repair or replace the facilities, in which ca.se this Agreement shall tenninate. In such an event, Licensee sball have no claim for damages nor refunds of fees and other payments previously made, except LCRA shaD refund to Licensee any pre-paid total Monthly License Fee. pro-rated to the date of termination. lnstallation F~ shall not be n:funded. LeRA wIll ~sist Licensee in relocating LiCCll~ce F acilitics to another part of the System suitable to Licensee, if available. 32. LCRA'S Riiht ofEntl:y. LCRA sbalt be provided acc~s to and shall have the right to enter any of Licensee Fatilitie:s at any time to inspect the installations, monitor operations, and ensure that the terms and conditions oCthis Agreement are being met. III the event of an emergency, indudmg interference that bas 110t been eliminated according to the pr~edures of this Agreement, LCRA shall have the right. without liability. to enter the premises at any time by any necessary meam indudina disabling or rcmo\'ing locb and to take any action reasonably neceswy to protect the integrity ofthefibcr-optic network and associated facilities. In such an event, LCRA shall attempt to give Licensee as much notice as the circumstances allow. 33. Successors and Assi~s. Subject to the above conditions, this Agreement shall be binding upon and inure to the benefit of the Parties and their sutcessors, assigns, and transferees. 34. Fixtures, All structural modifications to LCRA communications houses, support structUres, and tna.in cable suppons shall become LeM', property. Li~ Facilities indudin! Licensee- built communications houses and shelters, connecting eables. and hardware shall remain Licensee's personal property aDd shall not become fixtures, whether or not anached to an LeRA Site. CtJln1ff1lftictJliDlU CQ/c.cQ:;on lJ~1U. Ag~1tl P<<ge 8 Lawn COLOMDU JbvaAlmlORl1Y