Res 1993-017 - Laserfiche WebLink

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4. The total cost of the fiber optic cable modifications is estimated to be thirty-one thousand six hundred thirty-seven and 10/100_ ($31,637.10), (Exhibit B). Final actual costs may be more or less than such estimate, which shall not be construed as a limitation of costs for such project. Sprint shall promptly provide notice to City if it becomes obvious to Sprint that the final actual costs will exceed the foregoing by more than fifteen percent (15%). 5. Within 120 days following the completion of the temporary relocation of Sprint's facilities, Sprint shall make an accounting of interim costs and provide City with an invoice of the same. City shall pay the full amount of such invoice within thirty (30) days after receipt. An accounting of final costs shall be prepared within 120 days following completion of the permanent placement of Sprint's facilities. City will be provided with an invoice of such final costs and shall pay the full amount of the invoice within thirty (30) day§' after receipt. The total of all costs may be greater or less than the estimate. Unless this Agreement is formally modified, City shall be liable to Sprint for the full amount of such invoices to a maximum total amount of $ 36,405.67. 6. City and Sprint mutually agree that all operations and work performed by City above or adjacent to the new fiber optic cable location shall be performed in a workmanlike and safe manner and in conformance with all applicable industry standards and government regulations, and in accordance with any restrictions and conditions that may be imposed by Sprint from time to time. No work shall be performed within the existing easement until the fiber optic cable modification has been completed. 7. Exclusive of Saturday, Sunday and legal holidays, notice shall be given to Sprint by City, at least 48 hours in advance of commencement of any work on or adjacent to the fiber optic cable, excepting only cases of emergency. Said notice shall be given to Mr. John Easterbrook, Director Western Region at telephone number (415) 513-2515. o o In the event City breaches any of the terms, covenants or provisions of this Agreement, and Sprint commences litigation to enforce any provisions of this Agreement or of the aforesaid easements, the cost of attorney's fees and the attendant expenses will be payable to Sprint by City upon demand. It is expressly understood by the parties hereto that Sprint is not abandoning any right, title or interest it may have in the above described land. -2-