Laserfiche WebLink
material respects with its obligations under such authorizations; (2) the type of service offered <br /> through the Network Facilities in the Public Right-of-Way consists solely of Telecommunications <br /> Services; (3) it does not offer Video Services; (4) Network Facilities will be installed only within <br /> the Public Rights-of-Way (underground within conduit or aerial on poles); and (5) it will not <br /> construct or install any new cell towers, new utility poles or antennas. <br /> 4.2 The terms of this Agreement are based on the type of equipment comprising the <br /> Network Facilities, and the Telecommunications Services that ENCROACHER provides via the <br /> Network Facilities installed in the Public Right-of-Way. ENCROACHER acknowledges that any <br /> change in service or change in the law may increase the CITY's regulatory authority over such <br /> services, product, and/or ENCROACHER's use of Public Right-of-Way, and may require <br /> modification of this Agreement, and require ENCROACHER to obtain additional authorizations <br /> consistent with the requirements of an existing or hereinafter-enacted CITY ordinance regulating <br /> such services. <br /> 4.3 If ENCROACHER is authorized by the California Public Utilities Commission to <br /> provide additional and/or alternative services over Network Facilities, including but not limited to <br /> Video Services, and intends to offer such services to customers, or provide such services using <br /> Network Facilities,within CITY's corporate limits,ENCROACHER shall notify CITY in writing, <br /> as soon as practicable, subject to CITY's written approval to provide such services, and comply <br /> with CITY's local ordinances. To the extent CITY approves ENCROACHER's additional and/or <br /> alternative services, and such services are subject to a rent, toll or other fee pursuant to applicable <br /> Laws, ENCROACHER shall be required to pay CITY the amount authorized by applicable Laws. <br /> Nothing in this Section shall: (i)obligate CITY to approve any additional and/or alternate services; <br /> (ii)obligate CITY to make any amendments or modifications to this Agreement in connection with <br /> any additional and/or alternate services; or (iii) prevent or impair CITY's discretion to approve <br /> ENCROACHER's provision of any additional and/or alternate services by a separate written <br /> agreement. <br /> SECTION 5 <br /> REMOVAL AND RELOCATION <br /> 5.1 In the event of an emergency,or where Network Facilities create or are contributing <br /> to an imminent danger to health,safety or property, CITY may remove,relay or relocate any or all <br /> parts of those Network Facilities without prior notice; however, CITY shall make reasonable <br /> efforts to provide prior notice.Notwithstanding the foregoing, if CITY has not provided notice in <br /> advance of taking such action, CITY shall provide such notice within two (2) days after taking <br /> such action. <br /> 5.2 ENCROACHER shall promptly relocate its Network Facilities to accommodate <br /> projects or needs of CITY, or other government agencies and third parties who are authorized to <br /> use the Public Rights-of-Way. ENCROACHER may condition rearrangement of its Network <br /> Facilities on an agreement by the third party to pay the reasonable cost of relocation, which <br /> agreement shall be subject to the exceptions listed above, except where relocation is necessary to <br /> accommodate projects or needs of CITY or otherwise protect and preserve the public health safety <br /> or welfare. <br /> {00053614;%1} -7- <br />