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6270
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Last modified
12/6/2004 2:48:51 PM
Creation date
11/5/2014 12:22:37 PM
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City Ordinances
Passed
10/30/2000
Ordinance Number
6270
Bill Number
8493
Introdate
10/16/2000
Description
Approving an agreemment between U. City and Level 3 Communications to install telecommunication cable in the city
Introduced By
Colquitt
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elimination of any Public Way by the City, the cost of relocation of such Facilities shall be borne <br />by Level 3. In all other events, the cost and expense of such relocation of the Facilities shall be <br />borne by the City (or such other party as the City may designate) and Level 3 shall not be <br />required to relocate such Facilities until adequate assurance of payment or reimbursement is <br />delivered to Level 3. In the event of an emergency, or where the Facilities create or are <br />contributing to an imminent danger to health, safety or property, the City may remove, move, <br />relay, or relocate the pertinent parts of such Facilities without prior notice and without charge to <br />the City for restoration and repair. <br /> <br />8. Termination. This Agreement may be terminated: <br /> <br /> (a) By either Level 3 or the City, without cause, by delivering written notice <br />thereof to the other party at least one hundred and eighty (180) days prior to the effective date of <br />such termination; or <br /> <br /> (b) By either Level 3 or the City if, after written notice by one party to the <br />other of the occurrence or existence of a default by the other party under this Agreement, such <br />defaulting party fails to cure such default within thirty (30) days after delivery of such notice, or <br />where such default cannot reasonably be cured within such thirty (30) day period, the defaulting <br />party fails to proceed promptly to cure the same and prosecute such cure with due diligence. <br /> <br /> 9. End of Term. Unless the Facilities are sold or transferred by Level 3 as provided <br />in this Agreement, or Level 3 and the City have entered into a renewal or new agreement, as <br />soon as practicable after the end of the Term, Level 3 shall, at Level 3's cost and expense, <br />remove the Facilities from the Public Ways unless the City has notified Level 3 of its intent to <br />purchase the Facilities as provided in Section 6 of this Agreement. Level 3 shall repair any <br />damage to the Public Ways caused by the Removal of such Facilities. In the event the City has <br />elected not to purchase the Facilities, Level 3 may sell or transfer the Facilities to a third party <br />without removing the Facilities from the Public Ways, provided that such party has obtained <br />from the City the right to use the Public Ways within one hundred and eighty (180) days after the <br />end of the Term. This shall not be construed to authorize any such third party to conduct its <br />operations or otherwise use the Facilities in its business prior to obtaining from the City the right <br />to use the Public Ways. Unless the Facilities are sold or transferred by Level 3 as provided in <br />this Agreement, or Level 3 and the City have entered into a renewal or new agreement, any <br />Facilities remaining in the Public Ways one hundred and eighty (180) days after the end of the <br />Term shall be deemed abandoned and may be removed by the City, in which event Level 3 shall <br />reimburse the City for such cost and expense, or the City may assume ownership of the <br />Facilities, in which event Level 3 shall have no further obligation to maintain, relocate, or <br />remove such Facilities. <br /> <br />-5- <br /> <br /> <br />
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