02-28-2000 Council Packet - Laserfiche WebLink

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8.1 Date of Notices; Changing Notice Addxess. Notices shall be deemed given upon receipt in tfie case of personal deliveiy, ttiree (3) days after Hgpogif jjrt mail^ or the nextbusiness day in.the cas e of facsuxule/ email/ or overnight delivery. Eittier party may from time Id time designate any other address for this purpose by written notice to tiie other party delivered in the maimer set forth above. 9 TfpmtmATinM. This TI«^ Agrppinpni: may be terminated by either party upon forty five (45) days' prior written notice to tire other party upon a default of any material covenant or term hereof by fire other party, which default is not cured within forty-five (45)days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails tD commence such cure within forty=^five (45)"days or fails thereafter dillgentty to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, flie rights granted under this Use-Agreement a re irrevoca ble during fte term. 10" ASSIGNRIENT. TTiis Use- Agreemcnt^all not be assigned by Metricom without the express written consent of fee City, which consent shall not be unreasonably wifeheld, conditioned, or delayed. Notvx'ifestanding fee foregoing, fee transfer of fee rights and obligations of Metricom here under to a parent subsidiary, orfinancially viable affiliate of Metricom or to any successor-in-interest or entity acquiring all or substantially all of Metricom's outstanding voting stock or assets shall not be deemed an assignment for the purpose&of this Use Agreement Miscellaneous -Pro vision s-. The provisions which follow shall apply generally to the obligations of fee parties tinder this Use Agreement 11.1 Nonexclusive Use. Metricom understands feat this Use Agreement does not provide Metricom wife exclusive use of fee Public Right of Way or any Municipal Facility and feat City shall have fee right to permit other providers of communications services to inst^ equipment or devices in fee Public Right of Way and on Mtinicipal Facilities. City agrees promptly to notity- Metricom- of the receipt of a proposal for fee mstallation c communications equipment or devices in fee‘Public Right of Way or on Municipal Facilities. In addition. City agrees to advise other providers of rnmmnniraHnrK; services of the presence or planned deployment of fee Radios in fee Public Right of Way and/or on Municipal Facilities. 11.2 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Use Agreement shall not be deemed to be a waiver or a continuing_waiver of any subsequent breach or violation of fee same or any other provision of this Use Agreement________________________ Rj^hi-cf-Wtty Permit and Facility UicAsreemmt City afOrauo :: Metricom, lac. I3cfl6