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6309
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2001
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6309
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Last modified
12/6/2004 2:49:08 PM
Creation date
11/5/2014 12:22:54 PM
Metadata
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Template:
City Ordinances
Passed
6/4/2001
Ordinance Number
6309
Bill Number
8533
Introdate
5/21/2001
Description
Appvg an agreement between the City and Metropolitan Fiber Systems of St. Louis
Introduced By
Wagner
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or elimination of any Public Way by the City, the cost of relocation of such Facilities shall be <br />borne by Metropolitan. In all other events, the cost and expense of such relocation of the <br />Facilities shall be borne by the City (or such other party as the City may designate) and <br />Metropolitan shall not be required to relocate such Facilities until adequate assurance of payment <br />or reimbursement is delivered to Metropolitan. In the event of an emergency, or where the <br />Facilities create or are contributing to an imminent danger to health, safety or property, the City <br />may remove, move, relay, or relocate the pertinent parts of such Facilities without prior notice <br />and without charge to the City for restoration and repair. <br /> <br />8. Termination. This Agreement may be terminated: <br /> <br /> (a) By either Metropolitan or the City, without cause, by delivering written <br />notice thereof to the other party at least one hundred and eighty (180) days prior to the effective <br />date of such termination; or <br /> <br /> (b) By either Metropolitan or the City if, after written notice by one party to <br />the other of the occurrence or existence of a default by the other party under this Agreement, <br />such defaulting party fails to cure such default within thirty (30) days after delivery of such <br />notice, or where such default cannot reasonably be cured within such thirty (30) day period, the <br />defaulting party fails to proceed promptly to cure the same and prosecute such cure with due <br />diligence. <br /> <br /> 9. End of Term. Unless the Facilities are sold or transferred by Metropolitan as <br />provided in this Agreement, or Metropolitan and the City have entered into a renewal or new <br />agreement, as soon as practicable after the end of the Term, Metropolitan shall, at Metropolitan's <br />cost and expense, remove the Facilities from the Public Ways unless the City has notified <br />Metropolitan of its intent to purchase the Facilities as provided in Section 6 of this Agreement. <br />Metropolitan shall repair any damage to the Public Ways caused by the Removal of such <br />Facilities. In the event the City has elected not to purchase the Facilities, Metropolitan may sell <br />or transfer the Facilities to a third party without removing the Facilities from the Public Ways, <br />provided that such party has obtained from the City the right to use the Public Ways within one <br />hundred and eighty (180) days after the end of the Term. This shall not be construed to authorize <br />any such third party to conduct its operations or otherwise use the Facilities in its business prior <br />to obtaining from the City the right to use the Public Ways. Unless the Facilities are sold or <br />transferred by Metropolitan as provided in this Agreement, or Metropolitan and the City have <br />entered into a renewal or new agreement, any Facilities remaining in the Public Ways one <br />hundred and eighty (180) days after the end of the Term shall be deemed abandoned and may be <br />removed by the City, in which event Metropolitan shall reimburse the City for such cost and <br />expense, or the City may assume ownership of the Facilities, in which event Metropolitan shall <br />have no further obligation to maintain, relocate, or remove such Facilities. <br /> <br />-5- <br /> <br /> <br />
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