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2006_0522_Packet
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2006_0522_Packet
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• Annual payment of $5,400 for rriainterancE. <br />B. The CONTRACTOR shall invoice for recurring charges on an annual basis startingno earlierthan <br />after the fiber has b�BZ� accepted by the CITY. <br />IV. CONDITIONS OF PAYMENT. All services provided by the CONTRACTOR pursuant to this <br />Agreement shall be performedtothe satisfactionofthe CITY, as determinedatthe solediscretionof its <br />authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, <br />rules and regulations. The CONTRACTOR shall not receivepayment for workfound bythe CITY to he <br />unsatis�actory, or performed in violation of federal, state, or local law, ordinance, rule or regulation. In <br />the event a�wprk found by the CITY to he unsatisfactary,ihe CITY will �rovide CONTRACTOR with <br />written notice describing the work found to he unsatisfactory. CONTRACTOR shall correct the <br />unsatisfactory within thirty (30) days of said notice. <br />V. OWNERSHIP. The CITY shall own the number of fiber strands specified and the hand hole installed <br />for its exclusive use. THE CONTRACTOR shall retain ownership of the cable sheath, the conduit in <br />which the fiher cahle is installed, fiher strands above and beyond installed for the CITY, other hand <br />holes, splice cases or other accoutrements needed to install the fiher cahle. <br />VL TERM OF AGREEMENT. This Agreement shall be effective upon the date that the final required <br />signature is obtained by the CITY and shall remain in effect until all obligations set forth in this <br />Agreementhave been satis�actori�yfu����ed,whicheverfficursfirst. Themaintenance agreementisfora <br />period of ten years from the date the fiber is accepted. <br />ViI. MAINTENANCE RENEWAL. The CONTRACTOR agrees at the CITY's option to extend the <br />maintenanceof the �ber cable for additional t�vvo five yearterms after the end of the first ten yearterm. <br />Maintenance cost for additional terms shall be no higher than the cost identified in the current term <br />adjusted for increases in Mi��neapolisl�t. Paul consumerprice index. The CIT'Y's cost a�the maintenance <br />shall be pro-rated based on percentage fiber count to the total numberofstrands in the fiber cable at the <br />time of renewal. <br />VIIL CANCELLATION. This Agreement may be canceled by the CITY for cause, upon thirty (30) days <br />written notice to the CONTRACTOR after failure by the CONTRACTOR to correct a material breach <br />within 30 days ofwritten notice from the CITY. In the event of such a cancellation, the CONTRACTOR <br />shall be entitledto payment, determinedon a pro rata basis, for work or services satisfactorilyperformed, <br />but shall not be entitled to continuing payments under paragraph �ZI.A, above. <br />I7�, �fT"k" �; �{ `f`H{'FT� ��T�RE�L4Ef�l'I'�77�T. '�1�� �IT`Y'S r1u��e�ri�.ad A.�prescr�t�tiv� t'ar tlyc pui�5es <br />�f a�ntinistrRtion �f� tLti� ���ccm�� � t17�, C1TY'� �����t�€ ��na�er. �'hc CO1�fRACi'�R'S <br />Authorized Representative for the purposes of administration of this Agreement is the CEO. The <br />CITY'S Authorized Representativeshall have final authority for acceptance of the CONTRACTOR'S <br />services and if such services are accepted as satisfactory, shall so certify on each invoice submitted <br />pursuant to Clause IV. <br />X. AS SIGNMENT. The CONTRACTOR shall neither assign nor transfer any rights or obligations �r�der <br />this Agreement without the prior written consent of the CITY. <br />
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