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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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7.2.3 Hazardous Materials. LICENSEE shall not do or permit anything to <br /> be done in, on or about the Telecommunications Infrastructure, <br /> LICENSEE's Property or LICENSEE's Premises, if any, nor bring or keep <br /> or permit to be brought or kept therein, any Hazardous Materials or anything <br /> which is prohibited by or will in any way conflict with any Laws now in force <br /> or which may hereafter be enacted or promulgated, or which is prohibited <br /> by a standard form of fire insurance policy, or which will cause a cancellation <br /> of any insurance policy covering the Licensed Fibers, LICENSEE's <br /> Property, or LICENSEE's Premises, if any, or any part thereof or any of their <br /> contents; <br /> 7.2.4 Obstruction And Interference With Others. LICENSEE shall not do <br /> or permit anything to be done within the Public Rights-of-Way or Public <br /> Easements or to permit that which will in any way obstruct or interfere with <br /> the rights of any Person located within the Public Rights-of-Way or Public <br /> Easements, or injure them, or use or allow the Public Rights-of-Way or <br /> Public Easements to be used for any improper or unlawful purpose; and <br /> 7.2.5 Legal Waste. LICENSEE shall not commit, cause, maintain or permit <br /> nor suffer, or allow to be committed, caused, maintained or permitted, any <br /> legal waste within the Public Rights-of-Way or Public Easements, nor any <br /> public or private nuisance, nor any other act or thing which may disturb the <br /> quiet enjoyment of any other Person lawfully using the Public Rights-of-Way <br /> or Public Easements. <br /> 7.3 LICENSEE Shall Comply With Applicable Laws. LICENSEE shall comply with <br /> applicable Laws in the exercise and performance of its rights and obligations under this <br /> Agreement and any other IRC permit issued to LICENSEE in connection with the location <br /> of LICENSEE's Property within the Public Rights-of-Way or Public Easements. <br /> LICENSEE shall obtain, as required, the approvals for the design, construction, <br /> installation and testing of LICENSEE's Property by IRC or county departments, boards or <br /> commissions, and secure an assessment of the impact that LICENSEE's Property may <br /> have upon the environment from a qualified licensed firm at the sole cost and expense of <br /> LICENSEE. <br /> ARTICLE 8 <br /> ALTERATIONS, MAINTENANCE AND REPAIRS <br /> 8.1 IRC's Duty To Maintain And Restore. IRC shall be responsible for the maintenance <br /> and restoration of the Fiber Optic System and shall pay all costs associated with the <br /> maintenance and restoration of that segment of Fiber Optic System owned by IRC, <br /> including the Licensed Fibers, unless such maintenance or restoration is performed due <br /> to LICENSEE's actions or inactions. Maintenance and restoration provided by IRC shall <br /> be limited to the IRC Fiber Optic System.and the IRC individual Fiber. IRC shall have no <br /> obligation to perform maintenance or restoration on any Fiber, electronics, or other <br /> 12 <br />
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