Res 1994-094 - Laserfiche WebLink

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"Zg and materials used in the work plus 20% to cover use of equipment and administrative expense. 6. The Licensee, at its expense, shall construct and maintain its attachments and facilities in safe condition and in good repair, and shall avoid or eliminate interference with radio, telephone, telegraph, or television reception or regularly used communication or signaling system and shall take all necessary precautions including the installation of protective equipment to protect all persons and property against injury or damage from the Licensee's attachments to the City's poles and facilities. If, in the opinion of the City, the Licensee is not complying with this provision, or with any other r-provision of this Agreement, the City shall have the right by written . notice to the Licensee to terminate the permission granted hereby, with no refund of rental fees paid. The City 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 50 attachments, including guying attachments, such rental being due and payable on by the Licensee to the city the first business day of each year. 8. The City 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 owneQ property, and the City grants no permission to the Licensee to make such attachments to the poles of others. The Licensee assumes all such responsibility. The City shall in no way be responsible for the construction, operation, or performance of the Licensee's telecommunication system or any part thereof. 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 City, or owner of the property subject to an easement to be used by the Licensee, the permission covering the use of such pole or poles shall be subject to immediate termination, and the attachment shall be I removed at once from the affected pole or poles by the Licensee upon \ written notice from the City. 9. The City 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 City 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 City-owned poles and facilities caused by such use, operation and maintenance by the City of its poles and facilities. 10. The Licensee shall indemnify and save the City harmless against any loss or damage that may result to any equipment or other -2-