Common use of Election to Repair or Replace Damage Clause in Contracts

Election to Repair or Replace Damage. Within 30 days after the date on which the City discovers damage or destruction of a City Pole licensed to Licensee, the City will give Licensee notice of the City’s decision whether to repair or replace the damaged City Pole and its good faith estimate of the amount of time the City will need to complete the work. If the City cannot complete the work within 30 days after the date that the City specifies in its notice, or if the City elects not to do the work, then Licensee will have the right to terminate the affected Pole License on 30 days’ notice to the City. However, if City elects not to perform such work, Licensee may perform such work at its sole cost and expense, subject to City approval of Licensee’s plans and specifications and Licensee’s compliance with City permit requirements. In such case, the affected Pole License will remain in full force and effect.

Appears in 2 contracts

Samples: Master License Agreement, Fiber License Agreement

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Election to Repair or Replace Damage. Within 30 days after the date on which the City discovers damage or destruction of a City Pole licensed to Licensee, the City will give Licensee notice of the City’s decision whether to repair or replace the damaged City Pole and its good faith estimate of the amount of time the City will need to complete the work. If the City cannot complete the work within 30 days after the date that the City specifies in its notice, or if the City elects not to do the work, then Licensee will have the right to terminate the affected Pole License on 30 days’ notice to the City. However, if City elects not to perform such work, Licensee may perform such work at its sole cost and expense, subject to City approval of Licensee’s plans and specifications specifications, and Licensee’s compliance with all state and federal contracting laws and City permit requirements. In such case, the affected Pole License will remain in full force and effect.

Appears in 1 contract

Samples: Master License Agreement

Election to Repair or Replace Damage. Within 30 days after the date on which the City discovers damage or destruction of a City Pole licensed to Licensee, the City will give Licensee written notice of the City’s decision whether to repair or replace the damaged City Pole and its good faith estimate of the amount of time the City will need to complete the work. If the City cannot complete the work within 30 days after the date that the City specifies in its notice, or if the City elects not to do the work, then Licensee will have the right to immediately terminate the affected Pole License on 30 days’ notice to the CityLicense. However, if City elects not to perform such work, Licensee may perform such work at its sole cost and expense, subject to City approval of Licensee’s plans and specifications and Licensee’s compliance with City permit requirementsrequirement or terminate the Pole License. In If Licensee agrees to perform such casework, the affected Pole License will remain in full force and effect.

Appears in 1 contract

Samples: Master License Agreement

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Election to Repair or Replace Damage. Within 30 days after the date on which the City discovers damage or destruction of a City Pole licensed to Licensee, the City will give Licensee written notice of the City’s decision whether to repair or replace the damaged City Pole and its good faith estimate of the amount of time the City will need to complete the work. If the City cannot complete the work within 30 days after the date that the City specifies in its notice, or if the City elects not to do the work, then Licensee will have the right to terminate the affected Pole License on 30 days’ notice to the City. However, if City elects not to perform such work, Licensee may perform such work at its sole cost and expense, subject to City approval of Licensee’s plans and specifications and Licensee’s compliance with City permit requirements. In If Licensee agrees to perform such casework, the affected Pole License will remain in full force and effect.

Appears in 1 contract

Samples: walnutcreek.granicus.com

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