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5973
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1994
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5973
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Last modified
12/6/2004 2:47:46 PM
Creation date
11/5/2014 12:20:43 PM
Metadata
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City Ordinances
Passed
6/20/1994
Ordinance Number
5973
Bill Number
8188
Introdate
6/6/1994
Description
Granting Metropolitan Fiber Systems to construct, operate, maintain and replace communication transmission lines in public roads, rights of ways and easements in U. City
Introduced By
Schuman
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All of the policies of insurance referred to in the preceding <br />pa~-ag~"aph .~hall be issued and on ~:onms approved by the Cit:y <br />At. tor. ney. Licensee snall pay all of the premiums therefor and <br />delive~- cer~ti~icates theneoS to the City Clepk~ and in the event <br />Licensee .Fails~ either to e~'.Fect such insurance in the names on <br />amounLs he~'ein cailed for or to pay the pl'-emiums the~'efor, upon <br />.Fif'te,:~)n (~U;) days pmiof not. ice to L. icensee~ the City shall be <br />entitled., but shall have no obligations, to afYect such insurance <br />and pay the pr'emiums theme~op~ which proemlures shall be repayable by <br />Licensec tc City within f'i~teen (].5) days. Each insu~em mentioned <br />in this section shall agmee? by endoesement on the policy on <br />policies issued by it~ or by independent ins'Lrument {:upnished to <br />Ci.ty., that it will give thimty (30) days written notice be'Fore the <br />~)oli(:y on policies in question shall i:)e altered or canceled. I~ <br />such coverage terminates om is canceled om reduced~ Licensee shall <br />at least ~:i{:teen (15) days be~:o~'-e such ternruination o~ within <br />fiYte,:-:n (~.5) days a~:'tep the date of such written notice fnom the <br />insur'en o¥ such cancellation of reduction in coverage, .File wit.h <br />the Cit. y Clerk a cer't:i~icate showing that the neoui~ed insurance <br />has been ~'-¢sinstated or provided through anothe~ insurance company <br />()r compani(,,s. L~censee .Fu~then agrees that the City may ~ecluipe <br />L icer',see ~:o i nc~-*ease insurance 1 iraits based upon Ci ty"'s <br />r.eassc.:~ssmer'~t o.F insurance needs at least every ¥ive (5) years, <br />Dpovided ti'~at such inet-eased insurance limits shall be reasonably <br />r.elated to City'"s additional risk and provided ~unthem that the <br />City g ivess Licensec ninety (?0) days wnitten notice o¢ said <br />incr'eased insurance limits. <br /> <br /> Sect...__..____._.icn ]4. ........___........._..........__.......Nor,-So].ic:ita~:.ior~. The City Council declares that <br />a mai-.e~ial oant o~' the inducement ~:on the approval o4:: this license <br />was the r-epresentation and wanrarity by Licensee that, Licensee by <br />accec, t. ance ::)~: this license acknowledges that it has mereresented and <br />warnanted t'~at, and does continue tc) per, resent and warrant that, no <br />annangement has been made with any person on agency to solicit or <br />to secure t:his license upon an agneement or understanding in any <br />~or-m to any person except quali.Fied employees o¢ Licensee on bona <br />~:ide ,:-:stab: ished commercial or sales agencies. For breach of <br />violation oF this nel:~resentat. ion and warranty, City may 'me ~r'itten <br />notice f:~-~om the Mayor to Licensee~ terminate the piqht of: Licensec <br />to 0roceed under this license on be entitled to pursue the same <br />remedies a,~.l~.inst Licensee as it could pursue in the event of: breach <br />of this license. As a penalty~ in addition to other damages to <br />which the City may be entitled by law~ the City shall be entitled <br />to exemplar'? damages in an amount determined by the Mayor and City <br />Council on ~-'ecommendations of the City At:topney which shall not be <br />less Zhan three (3). nor mope than ten (10) times the amount <br />Licensee p~,.id or aopeed to pay as such gpatui{y~ commission~ <br />[)er'centage~ bpokepage~ on contingent fee. The nights and remedies <br />o~ C]i~:y as [)novideal in this paragraph shall not be exclusive and <br />ape in addi":.ion to any other night of remedy under thi~ license on <br />as p~ovided by law. <br /> <br />6 <br /> <br /> <br />
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