Res 1994-094 - Laserfiche WebLink

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IUS 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 of the Licensee, its agents, employees, and representatives. This section is applicable only to the extent permitted by Texas law. 11. Should the Licensee for any reason cease to furnish 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 City, and, if not so removed, the City 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 relin9Uishment of any such terms or conditions. 13. Any assignment, transfer, or sublease of any of the rights herein granted by the Licensee without the written consent of the City shall be void. Subject to this provision, this Agreement shall extend to and bind the successors and assigns of the parties hereto. 14. Nothing herein contained shall be construed to confer upon the Licensee any rights of property in City-owned poles or other distribution facilities or to compel the City to maintain its poles or other distribution facilities longer than its own business requires. 15. Should the Licensee's communication facilities under this Agreement become capable of providing load management and/or other electric customer services, the Licensee hereby grants to the City the option of using any available capacity in the Licensee's facilities for that purpose provided that the use will in no way impair the Licensee's operation of its facilities. 16. This Agreement shall become effective on June 14, 1994, and shall continue in effect thereafter until terminated by either party. Either party may terminate this Agreement at any time upon giving to the other party ninety (90) days notice in writing of its intention to terminate. Upon the termination date, the Licensee shall immediately remove all of its facilities from the City-owned poles. If not so removed by the Licensee, the City shall have the right to remove the Licensee's equipment at the cost and expense of the Licensee without any liability therefor. -3-