Res 1998-088 - Laserfiche WebLink

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Ucensee to terminate the permission granted, with no refund of rental fees paid. The Ucensor is not responsible in any way, however, for inspecting the Licensee's attachments and facilities or for the adequacy of the maintenance and precautions of the Licensee. 7. There will be a minimum charge of $200.00 per year regardless of the number of attachments. This minimum fee will cover up to 20 attachments, including guying attachments, such rental being due and payable on by the Licensee to the Licensor the first business day of each year. Any attachments in addition to the above 20 will be at the cost of $4.00 per attachment. 8. Licensee will insure that it obtains a permit from the Texas Department of Transportation for the portion of their line crossing Moore Street (Ranch Road 12). The Licensor assumes no responsibility for securing any franchises, right-of-ways, permits, or easements for the making and maintaining of the Licensee's attachments over, across or along streets, alleys, roads, or privately or publicly owned property, and the Licensor grants no permission to the Licensee to make such attachments to the poles of others. The Licensee assumes all such responsibility. The Licensor shall in no way be responsible for the construction, operation, or performance of any part of the Licensee's telecommunication system. In the event that the Licensee's use of any pole or poles is forbidden by law or is objectionable to any public authority, the Licensor, or owner of the property subject to an easement to be used by the Licensee, the permission covering the use of the pole or poles shall be subject to immediate termination, and the attachment shall be removed at once from the affected pole or poles by the Licensee upon written notice from the Licensor. 9. The Licensor may use, change, operate, and maintain its poles and facilities in connection with its business as it sees fit and in such manner as will best enable it to fulfill its own service requirements. The Licensor shall not be liable to the Licensee for any damage to or interference with the operation of the facilities and appurtenances of the Licensee on Licensor-owned poles and facilities caused by such use, operation and maintenance by the Licensor of its poles and facilities. 10. The Licensee shall hold harmless, indemnify and defend the Licensor from and against any loss or damage that may result to any equipment or other property, or to any person or persons (including payments made under any Workmen's Compensation law or under any plan for employees' disability and benefits) which may arise out of or be caused by the erection, maintenance, use or removal of the Licensee's attachments and facilities or which may be caused by any act or omission of the Licensee, its agents, employees, and representatives. The Licensee will maintain in full force and effect a policy of commercial general liability insurance covering damages or injuries associated with the Licensee's activities under this agreement, naming the Licensor as additional insured, with the limits of at lease the following: Injuries to one person $ 250,000 Injuries from one occurrence $ 500,000 Property damage per occurrence $ 100,000 11. Should the Licensee for any reason cease to fumish the telecommunication service which this Agreement is designed to facilitate or should the Licensee use such facilities for any other purpose, this Agreement shall be subject to immediate termination and the Licensee shall immediately remove its attachments from all the poles and facilities of the Licensor, and, if not so removed, the Licensor shall have the right to remove them at the cost and expense of the Licensee. 12. Failure to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any of the terms or conditions.