Res 2005-188 - Laserfiche WebLink

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I I I or the reqUIrement of a pnvate property owner, and the LIcensee Will remove the affected Attachments promptly wIthm that time penod. If the LIcensee falls to remove the LIcensee's FacilIties from the LIcensor's FacIlIties WIthm the 60-day penod, the Licensor may remove the facIlities at the LIcensee's expense 10 04 The LIcensor may charge the LIcensee lIqUIdated damages m the amount specIfied m AppendIX A If the LIcensee does not remove the LIcensee's FacIlIties as reqUIred under Paragraphs 10 01 or 10 03 of thIS ArtIcle. The assessment of lIqUIdated damages IS mtended to be m addItion to any other remedIes the LIcensor may have. The partIes acknowledge that the amounts of actual damages for the LIcensee's faIlure to timely remove the LIcensee's FacIlIties wIll be dIfficult or Impossible to ascertam, that the damages set forth m thIS Paragraph are a reasonable approxImatIOn of actual damages, and that the mtent of thIS Paragraph IS to provIde compensatIOn to the Licensor and not to assess a penalty agamst the Licensee ARTICLE 11 REMOVAL OF LICENSEE'S FACILITIES 11 01 At the eXpIratIOn or any termmatIOn of thIS Agreement or of a PermIt, the LIcensor may reqUIre the LIcensee to remove the Licensee's FaCIlIties from the LIcensor's Poles at the LIcensee's expense If the Licensee falls to remove the facIlIties wIthm 365 days of the eXpIratIOn or termmatlOn, the LIcensor WIll have the nght to remove the Licensee's FaCIlIties and charge all costs for the removal to the LIcensee 11 02 If state or federal law prevents the removal of the LIcensee's FacIlIties upon termmatlOn of thIS Agreement, the LIcensor shall contmue to charge the then-current fee and charges. ARTICLE 12. TERMINATION OF PERMITS 12.01 Any PermIt Issued under thIS Agreement will automatically termmate when the LIcensee ceases to have authonty to construct, mamtam and operate ItS FaCIlIties on publIc or pnvate property at the location ofthe LIcensee's FaCIlIties covered by the PermIt 1202. If the LIcensee has not completed the mstallatIOn of the Attachments authorized by a PermIt wIthm 120 days from the Issuance of the PermIt, and there IS no eVIdence of ongomg constructIOn, the LIcensor may revoke the PermIt WIth 15 days wrItten notice to the Licensee How IS thIS different from 6 09, whIch has a 90 day penod? If the LIcensee falls to complete the constructIOn of the Attachments wIthm the 15 day notice penod, the PermIt IS revoked and the Licensee wIll remove any facIlIties It has attached to the LIcensor's Poles wIthm 10 days. If the LIcensee falls to remove the facilities from the LIcensor's Poles withm the 10 days, the LIcensor wIll have the nght to remove the faCIlIties and charge all costs for the removal to the LIcensee, or to treat the faCIlIties as abandoned and to assume ownershIp and use of the faCIlItIes. 12.03 The LIcensee may surrender any PermIt and remove ItS FaCIlIties from the affected LIcensor's Poles. The LIcensee wIll gIve the LIcensor wrItten notIce of the surrender No refund of any fees or costs Will be made If the LIcensee surrenders a PermIt but fails to remove the LIcensee's FaCIlIties from the LIcensor's Poles wIthm 30 days, the LIcensor will have the nght to 13