Res 2005-188 - Laserfiche WebLink

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I I I ARTICLE 5. PRIV ATE AND REGULATORY COMPLIANCE 501 The LIcensee wIll be responsible for obtammg from the appropnate publIc and pnvate authontIes and persons all authonzatIOns reqUIred by the authonties or persons to construct, operate and mamtam the LIcensee's FacIlIties on publIc and pnvate property before the LIcensee makes any Attachments to the LIcensor's Poles. The LIcensor may reqUIre the LIcensee to submIt eVIdence that appropnate authonzatIOns have been obtamed before Issumg a PermIt to the Licensee. The LIcensee's oblIgatIOns mclude, but are not lImIted to, the obtammg of approvals to occupy publIc or pnvate nghts-of-way and to pay all assocIated fees. The LIcensee wIll hold harmless, defend and mdemmfy the LIcensor from and agamst all costs and expenses, mcludmg the reasonable fees of attorneys and expert WItnesses selected by the LIcensor, that the LIcensor may mcur as a result of any claims that the LIcensee does not have suffiCIent nghts or authonty to mstall or mamtam the LIcensee's FaCIlItIes at any location (the CIty'S responsibIlIty under tills sentence IS lImIted to ItS lIabIlIty under applIcable law) The CIty and CenturyTel agree to cooperate m the acqUISItion of easements and other mterests m property that wIll Jomtly serve theIr mterests m provIdmg utilIty servIces. 5 02. The LIcensee wIll ensure that the LIcensee's FacIlIties serve a lawful purpose at all times, and the use of the LIcensee's FaCIlIties must comply WIth all applIcable local, state and federal laws. 5 03 The lIcense granted under thIS Agreement Will not extend to any LIcensor's Pole where the attachment of the LIcensee's FaCIlItIes would result m a forfeIture of any nght or mterest of the LIcensor If an Attachment would cause such a forfeIture, the LIcensee wIll remove the Attachment wIthm the time speCIfied m a wrItten notice from the Licensor The LIcensor may remove the Attachment at the LIcensee's expense If the LIcensee does not remove the Attachment wIthm the time speCIfied m the notIce. 5 04 Consent by the LIcensor to the mstallatIOn or maintenance of any Attachment of the LIcensee wIll not be deemed to be an acknowledgment by the LIcensor that the LIcensee has the necessary authonty to construct or mamtam the Attachment. ARTICLE 6. PERMIT APPLICATION PROCEDURES 6 01 The LIcensee wIll not mstall any Attachments on any LIcensor's Pole WIthout first applymg for and obtammg a PermIt from the LIcensor's deSIgnated contact. The current Pole Attachment applIcatIOn form IS attached as AppendIX B The LIcensee will not occupy or attach the LIcensee's FacIlIties to any LIcensor's FacIlIties other than the LIcensor's Poles unless the LIcensee executes a separate agreement WIth the LIcensor 6 02. ConSIstent WIth applIcable law, the overlashmg of an eXIstmg Attachment of the LIcensee by any person other than the LIcensee IS conSIdered a separate Attachment requIrlng a separate agreement With the LIcensor and a separate PermIt. Without such a PermIt, thIrd party overlashmg constitutes an unauthonzed Attachment. The LIcensee wIll not permIt any thIrd party overlashmg of the LIcensee's FaCIlItieS WIthout obtammg wrItten venficatIOn from the 8