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METROPOLITAN FIBER SYSTEMS
City of Pleasanton
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LONG TERM AGREEMENT
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METROPOLITAN FIBER SYSTEMS
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10/26/2007 3:48:48 PM
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10/26/2007 2:22:22 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
5/27/1997
LONG TERM AGREEMENTS - NAME
METROPOLITAN FIBER SYSTEMS
LONG TERM AGREEMENTS - TYPE
MISC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
ENCROACHMENT
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thereunder, until and unless the approximate limit of liability afforded thereunder is <br />exhausted. <br />b. Automobile Insurance. Automobile liability insurance in an amount not <br />less than $1,000,000 per person/per occurrence. <br />c. Workers' Compensation Insurance. Workers' Compensation Insurance <br />for all of Company's employees, all in strict compliance with State laws, and to <br />protect City from any and all claims thereunder. <br />d. Certificate of Insurance. Company shall complete and file a Certificate of <br />Insurance with City prior to City's execution of this Agreement, and prior to <br />engaging in any operation or activity set forth in this Agreement. The Certificate <br />of Insurance shall provide in writing that the insurance afforded by this Certificate <br />shall not be suspended, voided, canceled, reduced in coverage or in limits without <br />providing thirty (30) days prior written notice by certified mail, return receipt <br />requested, has been given to City. In addition, the insured shall provide thirty (30) <br />days prior written notice to City of any suspension, cancellation, reduction of <br />coverage or in limits, or voiding of the insurance coverage required by this <br />Agreement. <br />10. AGREEMENT RUNS WITH THE LAND. This Agreement is for the benefit of <br />the parties and their successors. It is the intention of the parties that the obligations set forth in <br />this Agreement shall run with the land and be binding upon future owners of the Company, its <br />successors in interest or assigns, including their lessees and licensees. <br />11. TERMINATION. This Agreement shall terminate if the Project is removed, <br />substantially relocated or abandoned for a period in excess of six (6) months. <br />12. TIME OF ESSENCE. Time is of the essence in the performance of this <br />Agreement. No waiver by either party of the nonperformance or any breach of any term, <br />provision, or condition of this Agreement, or any default under it shall be considered to be or <br />operate as a waiver of any subsequent nonperformance, breach or default. <br />13. AMENDMENT. This Agreement may be amended, modified or changed by the <br />parties provided that said amendment, modification or change is in writing and approved by both <br />parties. <br />14. ENTIRE AGREEMENT. Except as otherwise provided in the Encroachment <br />Permit and Conditions for Encroachment Permit attached to the Encroachment Permit, this <br />Agreement contains the entire agreement between the parties. <br />Encroachment Agreement <br />
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