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Res 2005-188
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Res 2005-188
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Last modified
7/21/2006 2:56:50 PM
Creation date
7/21/2006 2:56:16 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-188
Date
12/14/2005
Volume Book
164
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<br />I <br /> <br />I <br /> <br />I <br /> <br />ARTICLE 20. TERMINATION OF AGREEMENT <br /> <br />2001 NotwIthstandmg the LIcensor's nghts under ArtIcle 12, the LIcensee wIll be m default of <br />thIS Agreement If the LIcensee <br /> <br />A. fails to comply wIth any matenal term or condItion of thIS Agreement; <br /> <br />B constructs, operates or mamtams the LIcensee's Facilities in vIOlatIOn oflaw or m aid <br />of any unlawful act or undertakmg, and falls to correct WIthm 30 days of wrItten notice, unless a <br />dIfferent penod for curmg the VIOlatIOn IS otherwIse provIded under thIS Agreement; <br /> <br />C constructs, operates or mamtams the LIcensee's FacIlIties after any authonzatlOn <br />reqUIred of the LIcensee has lawfully been demed, suspended or revoked by any governmental or <br />pnvate authonty; or <br /> <br />D falls to mamtam all msurance coverage reqUIred under thIS Agreement m full force and <br /> <br />effect. <br /> <br />20 02 The LIcensor's purSUIt of one or more remedIes for any default by the LIcensee wIll not <br />constitute an electIOn of remedIes by the LIcensor <br /> <br />ARTICLE 21. TERM OF AGREEMENT <br /> <br />21 01 ThIS Agreement wIll become effectIve on the Effective Date and, If not termmated m <br />accordance WIth other provlSlons of thIS Agreement, will contmue m effect for a term of five <br />years. EIther party may termmate thIS Agreement at the end of the five year term by gIvmg to the <br />other party wrItten notice of an mtentIOn to termmatc the Agreement at least 180 days pnor to the <br />end of the term. If neIther party gIves such notIce, thIS Agreement will automatically contmue m <br />force for one-year terms untIl termmated by eIther party after 180 days wrItten notIce pnor to the <br />end of the then current term. <br /> <br />21 02 The LIcensee's msurance and mdemmty oblIgations under thIS Agreement wIll survIve <br />any termmatlOn of thIS Agreement until such time as the LIcensee completes the removal of the <br />LIcensee's Attachments from the LIcensor's FacIlIties, or the LIcensor expressly assumes <br />ownershIp of any ofthe LIcensee's FacIlIties that remam as Attachments to LIcensor's FaCIlIties. <br /> <br />21 03 Funds for payment of the CIty'S oblIgatIOns under thIS Agreement have been proVIded <br />through the CIty budget for the current fiscal year State statutes prohibIt the oblIgatIOn and <br />expendIture of publIc funds beyond the fiscal year for whIch a budget has been approved. <br />However, the cost of servIces covered by thIS Agreement IS conSIdered a recurrmg reqUIrement, <br />and the CIty antICIpates mcludmg thIS cost as a standard and routme expense of the CIty m each <br />proposed budget wIthm the foreseeable future However, the CIty does not guarantee the <br />aVailabIlIty of future fundmg, aIId It enters mto thIS Agreement only to the extent that funds for <br />future fiscal years are aVailable The fiscal ycar for the CIty extends from October 1 st of each <br />year to September 30th of the followmg year The CIty wIll notify CenturyTel m the event funds <br /> <br />20 <br />
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