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2016-030
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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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equipment owned or installed by LICENSEE, or on property outside of the Public Rights- <br /> of—Way. <br /> 8.2 Scheduled Maintenance And Repairs. IRC, at its sole cost and expense, may <br /> schedule and perform or cause to be performed scheduled alterations, maintenance and <br /> repairs on the Telecommunications Infrastructure, or any part thereof, including the <br /> Licensed Fibers, on dates determined by IRC. IRC shall identify the time, location, and <br /> nature of each alteration or maintenance and repair job to LICENSEE, in writing, delivered <br /> not less than twenty-four (24) hours prior to the scheduled time for performance thereof <br /> which reasonably presents a substantial risk of damage to LICENSEE's Property or <br /> creates a substantial likelihood of an unreasonable interruption of Telecommunications <br /> Services provided by means of the Licensed Fibers. <br /> LICENSEE Shall Furnish Name, Number, Etc., Of Contact. Within seven <br /> days of Commencement Date, and as a condition precedent to IRC's <br /> continuing obligation to notify LICENSEE of scheduled maintenance and <br /> repairs, LICENSEE shall furnish on a continuing basis to IRC the current <br /> name, title, telephone number, and personal communications device <br /> number (including facsimile transmission number, cellular telephone <br /> number ), if any, of any representative of LICENSEE who shall be kept <br /> informed of IRC's maintenance schedules on Exhibit "C". <br /> 8.3 Emergency Maintenance And Repairs. IRC, at its sole cost and expense, shall <br /> perform or cause to be performed all emergency and other non-scheduled alterations, <br /> maintenance and repairs on the Telecommunications Infrastructure, or any part thereof, <br /> including the Licensed Fibers, in accordance with the procedures set forth in Section 7.2, <br /> above, provided, however, if the nonscheduled alterations, maintenance and repairs, <br /> including the replacement of any part of the Telecommunications Infrastructure, are <br /> required to be performed due to the fault of LICENSEE, LICENSEE shall reimburse IRC, <br /> upon demand, for the costs of such nonscheduled alterations, maintenance and repairs <br /> incurred by IRC. The obligation of LICENSEE to reimburse IRC shall survive the <br /> termination of this Agreement. <br /> 8.4 Reporting Defective Performance Or Interruption. Defective performance or <br /> interruption of the Telecommunications Infrastructure may be identified either by IRC or <br /> LICENSEE. LICENSEE shall call IRC's trouble-reporting phone number, as set forth in <br /> Exhibit C, to report a problem. IRC shall have no duty to monitor the Telecommunications <br /> Infrastructure and shall bear no liability for any damages LICENSEE may suffer due to <br /> IRC's failure to monitor and recognize defects or interruptions to the Telecommunications <br /> Infrastructure, and report such defective performance of the Telecommunications <br /> Infrastructure to LICENSEE. <br /> 8.4.1 Upon LICENSEE's Notification Of Defective Performance IRC Shall <br /> Deploy Standby technical person. If LICENSEE reports the defective <br /> performance of the Telecommunications Infrastructure, or any part thereof, <br /> IRC's standby technical person will respond by troubleshooting and <br /> 13 <br />
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