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Res 2011-121
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Res 2011-121
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Last modified
10/26/2011 4:11:25 PM
Creation date
10/24/2011 4:11:51 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-121
Date
10/18/2011
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CGLI, the Licensee will obtain equivalent insurance to insure the property against environmental <br />hazards). This list of prohibited provisions is not exclusive. <br />Section 18.09. The Licensee will be fully responsible for any deductible or self - insured retention <br />amounts contained in its insurance program or for any deficiencies in the amounts of insurance <br />maintained. <br />ARTICLE 19. AUTHORIZATION NOT EXCLUSIVE <br />The City will have the right to grant, renew and extend rights and privileges to Other Licensees, by <br />contract or otherwise, to use City Facilities for Attachments. The City will endeavor to ensure that <br />these other rights will not interfere with the rights granted to the Licensee under this Agreement. <br />ARTICLE 20. ASSIGNMENT <br />Section 20.01. The Licensee may assign or otherwise transfer this Agreement or any associated <br />Permits only with the prior written consent of the City, which will not be unreasonably withheld. <br />The City's prior consent will not be necessary, however, for the following: <br />A. An assignment or transfer of this Agreement in connection with a mortgage of the <br />Licensee's Facilities, property, rights, privileges and franchises for financing purposes. <br />B. An assignment or transfer of this Agreement to an affiliate or subsidiary of the Licensee. <br />Section 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 provisions of this Agreement. <br />Section 20.03. The Licensee will not grant any form of sub - license to any third party to place <br />Attachments on Poles directly or through overlashing, nor will the Licensee place Attachments for <br />the benefit of any third party on the Poles, without the advance written consent of the City. Any <br />such action will constitute a material breach of this Agreement. Notwithstanding any provision <br />contained herein to the contrary, City recognizes that certain components of Licensee's Attachments <br />may be owned in whole or in part by third parties, but installed, operated and maintained by <br />Licensee provided that any such third party component is contained entirely within Licensee's <br />Attachments and not attached directly to any Pole or independently of Licensee's Attachments. <br />ARTICLE 21. TERMINATION OF AGREEMENT <br />Section 21.01. Notwithstanding the City's rights under Article 12, the Licensee will be in default of <br />this Agreement if the Licensee: <br />A. fails to comply with any term or condition of this Agreement, with allowance for any <br />provisions of this Agreement requiring notice and a cure period, if applicable; <br />20 <br />CADocuments and Settings \tamara.slade \Local Settings \Temporary Internet Files \Content.Outlook \F3JWG5DH \San Marcos <br />PAA FINAL CLEAN 10 17 2011.docx <br />
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