60-Day Termination. Company may terminate this Agreement, including any Schedule, for any reason by providing sixty (60) calendar days’ notice. If Company terminates this Agreement pursuant to this Section 2.3(a), then all Schedules will terminate at the end of the sixty (60) day notice period. If Company terminates any Schedule pursuant to this Section 2.3(a), then (i) for a Schedule with a Monthly Plan, if the effective termination date occurs prior to the end of the then- current Schedule Term, Company will refrain from charging You the pro rata monthly fees for the month in which Services terminate and (ii) for a Schedule with an Annual Plan, Company will refrain from charging You the monthly fees for the month in which Services terminate. For Schedules with either a Monthly Plan or an Annual Plan, if Company terminates this Agreement, including any Schedule, pursuant to this Section 2.3(a), Company will not charge You monthly fees for any month following the month in which Company terminates this Agreement, including any Schedule.
60-Day Termination. If, through any cause, Owner shall default on its obligations under this Agreement (including those in section 10 (a) above should the City decide not to send a 30- day notice of termination), the City shall thereupon have the right to terminate this Agreement and/or, in its sole discretion, suspend performance of any City obligation herein, in whole or part, by giving 60 days’ written notice to Owner of such termination and/or suspension. The notice from the City under this provision may be provided by the City Manager and shall state the ground(s) for termination. The Owner shall then have 60 days to cure the ground(s) for termination upon receipt of the City’s notice. If the ground(s) for termination cannot reasonably be cured within 60 days, the City shall reasonably extend the time for termination if the Owner makes a request for an extension of time within the 60 day timeframe and promptly takes reasonable action to remedy the ground(s) for termination and continues with such reasonable action for the extended timeframe granted by the City. The Owner shall provide the City with a detailed written explanation of all reasonable action to be taken to remedy the ground(s) for termination and timeframes to achieve the same in order to be eligible for an extension of the time for termination. If the extension of time is granted, the City will provide the Owner with a reasonable new time for termination based on the Owner’s detailed written explanation.
60-Day Termination. In addition to rights of termination provided to the Licensor under other provisions of this Agreement, the Licensor shall have the right to terminate Licensee’s license, authorizations and/or rights granted under provisions of this Agreement where: the Licensee’s Facilities are maintained or used in violation of any law or in aid of an unlawful act or undertaking; the Licensee ceases to have authority to construct and operate its facilities on public or private property at the location of the particular conduit covered by the authorization; the Licensee fails to comply with any of the terms and conditions of this Agreement or defaults in any of its obligations thereunder; the Licensee occupies the Licensor’s conduit without having first been issued authorization therefor; the Licensee, subject to provisions specified in Article II ceases to provide its services; the Licensee sublets or apportions part of the licensed conduit space or otherwise permits its licensed conduit space to be used by an entity or an affiliate not authorized pursuant to Article 11.2. Except in circumstances in which Licensor has accepted evidence of self-insurance in accordance with Article XIV, the Licensee’s insurance carrier shall at any time notify the Licensor that the policy or policies of insurance as required in Article XIV will be or have been cancelled or amended so that those requirements will no longer be satisfied; the Licensee shall fail to pay any sum due under Article III or to deposit any sum required under this Agreement, or shall fail to maintain satisfactory surety as required in Article XII; any authorization that may be required by any governmental or private authority for the construction, operation and maintenance of the Licensee’s facilities on conduit is denied, revoked or cancelled. The Licensor will notify the Licensee in writing of any instances cited in subpart 10.1. The Licensee shall take corrective action as necessary to eliminate the non-compliance and shall confirm in writing to the Licensor within sixty (60) days following such written notice that the non-compliance has ceased or been corrected. If Licensee fails to discontinue or correct non-compliance and fails to give the required written confirmation to the Licensor within the time stated above, the Licensor may terminate the license(s), authorization and/or rights granted hereunder for the conduit at which such non-compliance has occurred.
