Res 2011-121 - Laserfiche WebLink

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shall notify Grantee, and advise of any reasonably anticipated impact on the operation or transmission capacity of the City Fibers. If such change, upgrade or replacement is reasonably expected to have an adverse risk or impact on Grantee's use of the City Fibers, Grantor shall prepare a written risk assessment and mitigation plan: (1) describing in detail the nature and extent of such adverse impact or risk; (2) describing any benefits, savings, costs or risks to City associated with such change; and (3) proposing strategies to mitigate any adverse risks or impacts. After consultation with the City and taking of steps to mitigate the adverse risk and impacts, as set forth in the plan, Grantor may implement the change, upgrade or replacement, provided that such change, upgrade or replacement does not result in the City losing the use of the City Fibers. 6.4 Service Interruption. Notwithstanding any other provision of this IRU Agreement, in the event of any interruption of use by Grantee of the City Fibers and which is the result of a severance of, physical damage to, or degradation of the City Fibers, the Grantor shall repair and restore the City Fibers to full working order as provided in Section 3.1 above. The remedy provided in this Section shall be Grantee's sole and exclusive remedy for outages or interruptions of service. 6.5 Notice of Damage. Grantee shall promptly notify Grantor of any matters pertaining to any damage or impending damage to or loss of the use of the City Fibers that are known to it and that could reasonably be expected to affect the System adversely. Grantor shall promptly notify Grantee of any matters pertaining to any damage or impending damage to or loss of any parts of the System that are known to it and that could reasonably be expected to affect the City Fibers adversely. 7. TERM AND TERMINATION 7.1 IRU Term. The term of the IRU Agreement shall commence on the Acceptance Date, and shall terminate on the date that is sixty (60) years thereafter. References in this IRU Agreement to the "Term" shall be to the full sixty (60) year IRU Term. 7.2 Early Termination. In the event Grantor, or any successor of Grantor, abandons the Fibers pursuant to Section 8 of the License Agreement, this IRU Agreement shall terminate.