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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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elimination of any Public Way by the City, the cost of relocation of such Facilities shall be bome <br />by Axon. 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 Axon shall not be required <br />to relocate such Facilities until adequate assurance of payment or reimbursement is delivered to <br />Axon. In the event of an emergency, or where the Facilities create or are contributing to an <br />imminent danger to health, safety or property, the City may remove, move, relay, or relocate the <br />pertinent parts of such Facilities without prior notice and without charge to the City for <br />restoration and repair. <br /> <br />8. Termination. This Agreement may be terminated: <br /> <br /> (a) By either Axon 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 Axon or the City if, after written notice by one party to the other <br />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 Axon as provided <br />in this Agreement, or Axon and the City have entered into a renewal or new agreement, as soon <br />as practicable after the end of the Term, Axon shall, at Axon's cost and expense, remove the <br />Facilities from the Public Ways unless the City has notified Axon of its intent to purchase the <br />Facilities as provided in Section 6 of this Agreement. Axon shall repair any damage to the <br />Public Ways caused by the Removal of such Facilities. In the event the City has elected not to <br />purchase the Facilities, Axon may sell or transfer the Facilities to a third party without removing <br />the Facilities from the Public Ways, provided that such party has obtained from the City the right <br />to use the Public Ways within one hundred and eighty (180) days after the end of the Term. This <br />shall not be construed to authorize any such third party to conduct its operations or otherwise use <br />the Facilities in its business prior to obtaining from the City the right to use the Public Ways. <br />Unless the Facilities are sold or transferred by Axon as provided in this Agreement, or Axon and <br />the City have entered into a renewal or new agreement, any Facilities remaining in the Public <br />Ways one hundred and eighty (180) days after the end of the Term shall be deemed abandoned <br />and may be removed by the City, in which event Axon shall reimburse the City for such cost and <br />expense, or the City may assume ownership of the Facilities, in which event Axon shall have no <br />further obligation to maintain, relocate, or remove such Facilities. <br /> <br />-5- <br /> <br /> <br />
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