Res 1990-009 - Laserfiche WebLink

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Upon written notice from SMEU at any time. licensee. at its expense and risk. shall change. alter. improve or relocate any of its facilities or appurtenances in such manner as the SMEU may direct to avoid interference with SMEU's present use of or later modifications to its facilities. In the event Licensee faits or refuses to do such work within a reasonable time (not to exceed ten (10) days after such written notice). SMEU. acting for Licensee. may do such work. and Licensee shall reimburse SMEU for the actual cost of labor and materials used in the work plus 20S to cover use of equipment and administrative expense. 7. Licensee. at its expense. sha11 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 systems and shall take all necessary precautions including the installation of protective equipment to protect a11 persons and property against injury or damage from Licensee's attachments to SMEU's poles and facilities. If. in the opi-nion of SMEU. Licensee is not complying with the provision. or with any other provision of this Agreement. SMEU shall have the right by written notice to Licensee to terminate the permission granted hereby. with no refund of rental fees paid. provided. however. that SMEU shall not be responsible in any way for inspecting licensee's attachments and facilities or for the adequacy of the maintenance and precautions of Licensee. 8. There will be a minimum charge of Two Hundred dollars ($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 the first calendar day of each year. Licensee shall pay SMEU the sum of Four Dollars ($4.00) per attachment. including guying attachments. after 50 attachments, at the time an attachment is made and yearly thereafter. For billing purposes. SMEU will render an invoice to Licensee on the approval date of each application and on January 1 of each year thereafter for advance annual rental for an attachments 1n place. Payment of such invoices shall be made within ten (10) days. No refunds of an annual fee shall be made because of any removal of attachments during a billing year. The terms of this Agreement and the amount to be paid by licensee for pole attachments are subject to change by SMEU on the first of any calendar year to such amount as SMEU may deem necessary upon thirty (30) days prior written notice to licensee. 9. SMEU assumes no responsibility for securing any franchises, rights-of-way. permits. or easements for the making and maintaining of such attachments over. across. or along streets. alleys. roads. or privately or publicly owned property and grants no permission to make such attachments to the poles of others. but Licensee assumes the duty and responsibf1 fty of securing the same. The permission herein granted is likewise subject to all laws. ordinances. and regulations now in force -2...