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of this agreement by any of its provisions. The amount of such bond is subject to increase at any time and from time to time to such amount as SMEU may reasonably determine to be necessary in consideration of the expansion of licensee's system and as other conditions may warrant. 14. Should licensee for any reason cease to furnish the television service which this Agreement is designed to facilitate or should licensee use such facilities for any other purpose. this Agreement shall be subject to immediate termination and Licensee shall immediately remove its attachments from all the poles and facilities of the S~1EU. and. if not so removed. SMEU shall have the right to remove them at the cost and expense of licensee. 15. Failure to enforce or insist upon compliance with the terms or conditions of this Agreement shall not constitute a waiver or relinquishment of any such terms or conditions. 16. Any assignment. transfer. or sublease of any of the rights herein granted by licensee without the written consent of the SMEU shall be void. Subject to this provision. this Agreement shall extend to and bind the successors and assigns of the parties hereto. 17. Nothing herein contained shall be construed to confer upon Licensee any rights, of property in SMEU-owned poles or other distribution facilities or to compel SMEU to maintain said poles or other ~istribution facilities longer than in SMEU's judgment its own business requires. 18. Should ~ communications system become available which utilizes a cable-type system for provjding load management and/or other electric customer services. the Licensee hereby grants to SMEU the option of using the licensee's cable network for that purpose provided that said used will in no way impair the operation of the cable system. 19. This Agreement shall become effective on January 1. 1989. 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 such intention to terminate. Upon said termination date. pole rentals shall cease. and Licensee shall immediately remove all of its equipment from SMEU-owned poles. If not so removed by licensee. SMEU shall have the right to remove Licensee's equipment at the cost and expense of licensee without any liability therefor. any of general LICENSEE: SAN MARCOS ELECTRIC UTILITY ~ BY: N\ I'.-..t-"\/~VL\) V TITLE: Jt$"J 11 p. Steve Smith Assistant Vice-President BY: ,~c~ ÞÆ~ ' TITLE: City Mana9§r ------ " -. Larry D. Gilley City Manager City of San Makcos Date: 1'-/,1-90 Da te: 1-10- 90 -4-