2000-04-20 Agenda - Laserfiche WebLink

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1.18.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 9 TERMINATION. This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party,which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. 10 ASSIGNMENT. This Use Agreement shall not be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, r financially 10 viable affiliate of Metricom or to any successor-in-interest or entity acquiring all or substantially all of Metricom's outstanding voting stock or assets shall not be deemed an assignment for the purposes of this Use Agreement. 11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the parties under this Use Agreement. 11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not provide Metricom with exclusive use of the Public Right of Way or any Municipal Facility and that City shall have the right to permit other providers of communications services to install equipment or devices in the Public Right of Way and on Municipal Facilities. City agrees promptly to notify Metricom of the receipt of a proposal for the installation of communications equipment or devices in the Public Right of Way or on Municipal Facilities. In addition, City agrees to advise other providers of communications services of the presence or planned deployment of the Radios in the Public Right of Way and/or on Municipal Facilities. Right-of--Way Permit and Facility Use Agreement City of[Name of Municipality] Metricom,Inc. Page 14 of 17 •