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6271
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6271
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Last modified
12/6/2004 2:48:50 PM
Creation date
11/5/2014 12:22:38 PM
Metadata
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City Ordinances
Passed
10/30/2000
Ordinance Number
6271
Bill Number
8494
Introdate
10/16/2000
Description
Approving agreement between the City and Axon Telecom to install underground cable
Introduced By
Colqitt
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bond running to the City, with good and sufficient surety, in the penal amount of one hundred <br />thousand dollars ($100,000.00). This performance bond shall be conditioned upon Axon's <br />agreement to well and truly observe, fulfill and perform each term and condition of this <br />Agreement. In case of any breach of condition of the performance bond, the amount thereof <br />shall be recoverable from the principal and sureties by the City for all damages proximately <br />resulting from the failure of Axon to well and faithfully observe and perform any provisions of <br />this Agreement. The performance bond referred to in this Section 17 shall contain an <br />endorsement stating that the performance bond is extended to cover the liability of Axon under <br />the terms of this Agreement and shall further provide that the performance bond is not <br />cancelable, that a renewal shall not be denied, and that coverage shall not be reduced, until a <br />timely and satisfactory inspection of the completed project is made by the City or sixty (60) days <br />has passed from the date notice was given to the City indicating completion of the project <br />without an inspection. Upon Axon giving written notice to the City of completion of <br />construction of its facilities, the performance bond may be reduced to ten thousand dollars <br />($10,000.00), provided that on such reduction date there are no claims of any type outstanding at <br />such time asserted against Axon or the City, arising out of any acts or omissions of Axon or its <br />contractors. The form of the performance bond must be approved by the City Attorney, and the <br />bond shall be filed and maintained with the City Manager during the Term. Any person may <br />execute on the aforesaid performance bond to collect any judgment entered in favor of the person <br />and against Axon for breach or failure to perform any provision of this Agreement. <br /> <br /> 18. Assignment or Use By Another. Axon may assign or otherwise transfer this <br />Agreement or the license herein granted to an unaffiliated provider only upon prior written <br />consent by the City, which consent shall not be unreasonably withheld or delayed. Every <br />quarter, with the compensation payment required in Section I0, Axon shall provide the City with <br />a list of any and all persons using the Facilities to provide wholesale or resale services. <br /> <br /> 19. Force Maieure. The time of performance of any duty or obligation of City or <br />Axon hereunder (except with respect to the payment of fees, charges and other amounts payable <br />by Axon to City hereunder) shall be extended for the period during which performance was <br />delayed or impeded by reason of strikes, lock outs, inability to procure materials or building <br />permits, failure of power, restrictive governmental laws or regulations, riots, insurrections, war, <br />fire, casualty, earthquake, acts of God, or other reasons of a like nature not the fault of the party <br />performing such duty or obligation. <br /> <br />-I0- <br /> <br /> <br />
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