Res 2005-177 - Laserfiche WebLink

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I I I 2 03 The partIes agree that the CIty Will Issue PermIts to the LIcensee for new attachments to the Poles only when the CIty determmes, m Its sole Judgment, that 1) the CIty has sufficIent capacIty on the Poles to accommodate the proposed Attachments, 2) the Licensee meets all reqUIrements set forth m thIS Agreement, and 3) the PermIts comply with all of the ApplIcable Standards. The partIes further agree that the Licensee's use of the Poles IS subJect to the CIty'S nght to reclaim Reserved Space m accordance with thIS Agreement. 204 No actIOn by the partIes under thIS Agreement, mcludmg WIthout hmItatIOn, the Issuance of any PermIt by the CIty to the LIcensee, or the use by the LIcensee of any of the CIty FacIlItIes (regardless of nature or duratIOn), or the payment of any fees or charges reqUIred under thIS Agreement, Will create or vest m the LIcensee any easements or other ownershIp or property nghts of any nature m any of the CIty FacIhtIes. ThIS Agreement, and any PermIt granted under thIS Agreement, wIll not constItute an aSSIgnment of any of the CIty'S nghts to the CIty FacIlItIes. 2 05 ThIS Agreement does not grant any nght to the LIcensee to place Attachments on any specIfic Pole, or to compel the CIty to grant the LIcensee a PermIt to place Attachments on any specIfic Pole. 2.06 The LIcensee will obtam all necessary certificatIOns, permIts, and franchIses from Federal, state and local authontIes pnor to makmg any Attachments. 2 07 ThIS Agreement does not m any way hmIt the CIty'S nght to locate, operate and mamtam the Poles m the manner the CIty beheves wIll best enable It to fulfill ItS own serVIce reqUIrements. 2 08 ThIS Agreement does not reqUIre the CIty to mstall or retam any Pole for use by the LIcensee when the CIty determmes that the Pole IS not needed for CIty'S own serVIce reqUIrements. 2 09 ThIS Agreement wIll not hmIt, restnct, or prohibIt the CIty from fulfillmg any agreements or arrangements regardmg the Poles mto whIch the CIty has prevIOusly entered, or may enter m the future, WIth Other LIcensees. 2 10 ThIS Agreement WIll only apply to the Poles assocIated WIth the CIty'S electnc distributIOn system, and not to any City FacIlitIes associated with the generatIOn or transmISSIOn of electnc power ThIS Agreement does not authonze the LIcensee's use of any of the City's CondUIt System. 2 11 ThIS Agreement WIll not be construed to reqUIre the CIty to allow the LIcensee to use any Poles after the termmatIOn of thIS Agreement. 2 12. ThIS Agreement IS hmIted to the LIcensee's use of the Poles for the Licensee's FacIlItIes as defined m ArtIcle 1, and any other use wIll be conSIdered a default of thIS Agreement unless authonzed by separate agreement between the partIes. 4