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2016-030
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Last modified
3/3/2016 11:50:41 AM
Creation date
3/3/2016 11:50:38 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/01/2016
Control Number
2016-030
Agenda Item Number
8.P.
Entity Name
City of Fellsmere
Subject
Term Sheet
Dark Fiber License Agreement
Fiber Optic cable
Area
Fellsmere City Hall Building and Welcome Center
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LICENSEE shall not be responsible for any Taxes, fees or Charges, or portions thereof <br /> which are not directly attributable to LICENSEE's use or proportionate use of the <br /> Telecommunications Infrastructure. IRC shall be responsible for or pay any Taxes, fees, <br /> or Charges attributable to its ownership of the Telecommunications Infrastructure, if any, <br /> when such Taxes, fees, or Charges are not based on or imposed by virtue of LICENSEE's <br /> use of any such facilities or its receipt of License Fees from LICENSEE under this <br /> Agreement. In the event that IRC becomes a taxable entity, in whole or in part, then <br /> LICENSEE shall not be liable for any income Taxes imposed on IRC as a result of profits <br /> derived by IRC. <br /> ARTICLE 6 <br /> SPECIAL PROVISIONS <br /> [THIS ARTICLE IS INTENTIONALLY LEFT BLANK.] <br /> ARTICLE 7 <br /> LICENSEE's USE AND LIMITATIONS ON USE <br /> 7.1 Right Of Ingress And Egress Over LICENSEE's Premises. LICENSEE grants to <br /> IRC, its officers, employees, agents and representatives the right of ingress and egress <br /> over LICENSEE's Premises to engage in all actions reasonably necessary to interconnect <br /> LICENSEE's Property and LICENSEE's Premises, if any, with the Telecommunications <br /> Infrastructure, or any part thereof, and to engage in all scheduled and nonscheduled <br /> alterations, maintenance and repair work on Telecommunications Infrastructure, or any <br /> part thereof. <br /> 7.2 LICENSEE Aqrees Not To Interfere With Telecommunications Infrastructure. <br /> Except as expressly authorized by applicable Laws or this Agreement, in the exercise <br /> and performance of its rights and obligations under this Agreement, LICENSEE <br /> covenants and agrees: <br /> 7.2.1. Obstruction And Interference With Telecommunications <br /> Infrastructure. LICENSEE shall not do or permit anything to be done, <br /> including but not limited to alterations, maintenance and repairs, to IRC's <br /> Telecommunications Infrastructure and particularly the Licensed Fibers, <br /> except as provided for in Section 8.6, below. <br /> 7.2.2 Obstruction And Interference With Public Rights-of-Way. LICENSEE <br /> shall not interfere in any manner with the existence and operation of any <br /> and all public and private rights-of-way, sanitary sewers, water mains, storm <br /> drains, gas mains, Poles, aerial and underground electric and telephone <br /> wires, electroliers, cable television, and other telecommunications, utility, <br /> and municipal property without the express written approval of the owner or <br /> owners of the affected property or properties; <br /> 11 <br />
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