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Res 2005-177
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Res 2005-177
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Last modified
7/21/2006 11:17:39 AM
Creation date
7/21/2006 11:17:10 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-177
Date
12/7/2005
Volume Book
164
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<br />I <br /> <br />I <br /> <br />I <br /> <br />ARTICLE 19 AlJTHORIZATION NOT EXCLUSIVE <br /> <br />The City wIll have the nght to grant, renew and extend nghts and pnvIleges to Other LIcensees, <br />by contract or otherwIse, to use CIty FacIlItIes for Attachments. The CIty wIll endeavor to ensure <br />that these other rights wIll not mterfere WIth the nghts granted to the LIcensee under this <br />Agreement. <br /> <br />ARTICLE 20. ASSIGNMENT <br /> <br />20 01 The LIcensee may aSSIgn or otherwIse transfer thIs Agreement or any assocIated PermIts <br />only WIth the pnor wntten consent of the CIty, whIch wIll not be umeasonably WIthheld. The <br />CIty'S pnor consent WIll not be necessary, however, for the followmg: <br /> <br />A. An aSSIgnment or transfer of this Agreement m connectIon WIth a mortgage of the LIcensee's <br />FacIlItIes, property, nghts, pnvIleges and franchises for financmg purposes. <br /> <br />B An aSSIgnment or transfer of thIS Agreement to an affihate or SUbSIdIary of the Licensee. <br /> <br />20 02 In the event of a permItted aSSIgnment or transfer by the LIcensee, the aSSIgnee or <br />transferee wIll be reqUIred to fully abIde by the provlSlons of thIS Agreement. <br /> <br />SectIOn 2003 The LIcensee wIll not grant any form of sub-hcense to any thIrd party to place <br />Attachments on Poles dIrectly or through overlashmg, nor wIll the Licensee place Attachments <br />for the benefit of any thIrd party on the Poles, WIthout the advance wntten consent of the CIty <br />Any such actIOn wIll constitute a matenal breach of thIS Agreement. <br /> <br />ARTICLE 21. TERMINATION OF AGREEMENT <br /> <br />21 01 NotwIthstandmg the CIty'S nghts under ArtIcle 12, the LIcensee WIll be m default of thIS <br />Agreement If the LIcensee <br /> <br />A. faIls to comply WIth any term or condItIon of thIS Agreement, WIth allowance for any <br />proVISIOns of thiS Agreement requmng notIce and a cure penod, If apphcable, <br /> <br />B constructs, operates or mamtams the Licensee's FaCIlIties m VIOlatIOn of law or m aid <br />of any unlawful act or undertakmg; <br /> <br />C constructs, operates or mamtams the LIcensee's FacIhtIes after any authonzatlOn <br />required of the LIcensee has lawfully been demed, suspended or revoked by any governmental or <br />pnvate authonty; or <br /> <br />D faIls to mamtam all msurance coverage reqUIred under thIS Agreement m full force and <br /> <br />effect. <br /> <br />19 <br />
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