Res 2005-177 - Laserfiche WebLink

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I I I 308 The LIcensee will pay all costs, mcludmg but not hmIted to admInIstratIve and Make- Ready Work expenses, m connectIOn wIth the InItIal mstallatIOn or rearrangement of the LIcensee's FacIlItIes under the procedures set forth m ArtIcles 6 and 7 below 3 09 Wherever thIS Agreement reqUIres the LIcensee to pay for work done or contracted by the CIty, the charge for such work WIll mclude all reasonable matenal, labor, engmeenng and admmIstratIve costs and apphcable overhead costs. The CIty wIll bIll ItS servIces based upon actual costs, determmed m accordance WIth the CIty'S cost accountmg systems used for recordmg capItal and expense actiVItIes. 3 10 Wherever thIS Agreement reqUIres estImated expenses to be paid pnor to an actIVIty and the actual cost of the actIVIty exceeds the estImated cost, the LIcensee WIll pay the CIty for the dIfference m cost. To the extent that the actual cost of the actIVIty IS less than the estImated cost, the CIty wIll refund to the LIcensee the dIfference m cost. 3 11 Any faIlure by the LIcensee to make payment of any amount due to the CIty under thIS Agreement WIthin 30 days after the date when due will constitute a default of thIS Agreement. ARTICLE 4. SPECIFICATIONS 401 The Licensee wIll mstall and mamtain the LIcensee's FacihtIes m accordance With the TechnIcal SpeCIficatIOns and the Apphcable Standards. 402 The LIcensee will Tag all of the LIcensee's FacIlItIes m accordance WIth the TechnIcal SpecificatIOns. 403 The LIcensee WIll be responsible for the mstallatIOn and mamtenance of the LIcensee's FacIhtIes. The LIcensee wIll, at ItS own expense, make and mamtam ItS Attachments m safe condItIon and good repaIr, m a manner SUItable to the CIty 404 The LIcensee wIll mamtam the LIcensee's FacIhtIes so that they do not ImpaIr the abIhty of the CIty or any Other LIcensee to use the Poles, or mterfere WIth the operatIOn of any CIty FacIhtIes. 405 If any of the LIcensee's FacihtIes are installed, used, or mamtamed m VIOlatIOn of thIS Agreement, and the Licensee does not correct the VIOlation wIthm 30 days from receIpt of wntten notIce of the VIOlatIOn from the CIty, or another tIme penod speCIfied by the CIty m the notIce, the CIty may at ItS own optIOn correct the VIOlatIOn. The CIty Will attempt to notIfy the LIcensee prior to performmg the work whenever practIcable, but when the CIty determmes that a VIOlatIOn poses an Immediate threat to the safety of any person, or mterferes WIth the performance of the CIty'S servIce obhgatIOns, or poses an ImmedIate threat to the mtegnty of any CIty FacIlIties, the CIty may perform the work WIthout giving notIce to the LIcensee As soon as practicable thereafter, the City wIll notIfy the Licensee m wntmg of the work performed or the actIOn taken. The LIcensee wIll be responsible for paymg the CIty for all costs the CIty mcurs m correctmg any VIOlation under thIS SectIOn. Any faIlure ofthe Licensee to tImely correct a VIOlatIOn WIll 6