Modification, Renewal, Extension. 20.1 If PAETEC wishes to renew its License and continue using the ROW, then at least one hundred and eighty (180) days prior to the expiration of this License and Agreement, PAETEC shall apply to the City for a new License and Agreement in accordance with the then existing federal, state, and local laws. 20.2 PAETEC shall pay to City the applicable fee at the time of the submission of the application. 20.3 City shall have the right to renegotiate any of the terms from the prior agreement that may be required by applicable federal, state or local law or regulations. PAETEC understands that the City may adopt future code amendments and/or fee schedules relating to Facilities located within the ROW, which may replace in its entirety the current fees and other costs imposed upon PAETEC under this Agreement. PAETEC acknowledges the right of the City to adopt and implement such lawful code amendments and/or fee schedules. 20.4 If PAETEC’s Facilities remain in the ROW, and PAETEC continues to use such Facilities beyond the expiration of the license term, the License shall be considered to be in a “Holdover Term,” subject to the terms and conditions of this Agreement. Such Holdover Term, however, shall not exceed 60 days beyond the expiration of the term, and no permits will be issued to PAETEC by the City until a new License has been approved by the City Council. 20.5 Failure by PAETEC to have a valid License and Agreement to use the ROW by the expiration of the Holdover Term shall result in immediate withdrawal and revocation of any existing permits issued by the City to PAETEC and the liquidated damages amount set forth in Section 33 shall apply. If, however, PAETEC has timely filed its application and is in active negotiations with the City prior to the expiration of the License and Agreement, the City may, in its discretion, grant, extend, or take no action on permits issued to PAETEC prior to the expiration of the Agreement.
Appears in 2 contracts
Samples: Wired Telecommunications License and Right of Way Use Agreement, Wired Telecommunications License and Right of Way Use Agreement
Modification, Renewal, Extension. 20.1 If PAETEC Trucom wishes to renew its License and continue using the ROW, then at least one hundred and eighty (180) days prior to the expiration of this License and Agreement, PAETEC Trucom shall apply to the City for a new License and Agreement in accordance with the then existing federal, state, and local laws.
20.2 PAETEC Trucom shall pay to City the applicable fee at the time of the submission of the application.
20.3 City shall have the right to renegotiate any of the terms from the prior agreement that may be required by applicable federal, state or local law or regulationsagreement. PAETEC Trucom understands that the City may adopt future code amendments and/or fee schedules relating to Facilities located within the ROW, which may replace in its entirety the current fees and other costs imposed upon PAETEC Trucom under this Agreement. PAETEC Trucom acknowledges the right of the City to adopt and implement such lawful code amendments and/or fee schedules.
20.4 If PAETECTrucom’s Facilities remain in the ROW, and PAETEC Trucom continues to use such Facilities beyond the expiration of the license term, the License shall be considered to be in a “Holdover Term,” subject to the terms and conditions of this Agreement. Such Holdover Term, however, shall not exceed 60 days beyond the expiration of the term, and no permits will be issued to PAETEC Trucom by the City until a new License has been approved by the City Council.
20.5 Failure by PAETEC Trucom to have a valid License and Agreement to use the ROW by the expiration of the Holdover Term shall result in immediate withdrawal and revocation of any existing permits issued by the City to PAETEC Trucom and the liquidated damages amount set forth in Section 33 shall apply. If, however, PAETEC Trucom has timely filed its application and is in active negotiations with the City prior to the expiration of the License and Agreement, the City may, in its discretion, grant, extend, or take no action on permits issued to PAETEC Trucom prior to the expiration of the Agreement.
Appears in 1 contract
Samples: Wired Telecommunications License and Right of Way Use Agreement
Modification, Renewal, Extension. 20.1 If PAETEC XXX wishes to again renew its License and continue using the ROW, then at least one hundred and eighty (180) days prior to the expiration of this License and Agreement, PAETEC XXX shall apply to the City for a new renewed License and new Agreement in accordance with the then existing federal, state, and local laws.
20.2 PAETEC XXX shall pay to City the applicable fee at the time of the submission of the application.
20.3 City shall have the right to renegotiate any of the terms from the prior agreement that may be required by applicable federal, state or local law or regulationsagreement. PAETEC XXX understands that the City may adopt future code amendments and/or fee schedules relating to Facilities located within the ROW, which may replace in its entirety the current fees and other costs imposed upon PAETEC XXX under this Agreement. PAETEC XXX acknowledges the right of the City to adopt and implement such lawful code amendments and/or fee schedules.
20.4 If PAETECELI’s Facilities remain in the ROW, and PAETEC XXX continues to use such Facilities beyond the expiration of the license term, the License shall be considered to be in a “Holdover Term,” subject to the terms and conditions of this Agreement. Such Holdover Term, however, shall not exceed 60 days beyond the expiration of the term, and no permits will be issued to PAETEC XXX by the City until a new License has been approved by the City Council.
20.5 Failure by PAETEC XXX to have a valid License and Agreement to use the ROW by the expiration of the Holdover Term shall result in immediate withdrawal and revocation of any existing permits issued by the City to PAETEC and the liquidated damages amount set forth in Section 33 shall applyXXX. If, however, PAETEC XXX has timely filed its application and is in active negotiations with the City prior to the expiration of the License and Agreement, the City may, in its discretion, grant, extend, or take no action on permits issued to PAETEC XXX prior to the expiration of the this Agreement.
Appears in 1 contract
Samples: Wired Telecommunications License and Right of Way Use Agreement
Modification, Renewal, Extension. 20.1 If PAETEC MCI wishes to renew its License and continue using the ROW, then at least one hundred and eighty (180) days prior to the expiration of this License and Agreement, PAETEC MCI shall apply to the City for a new License and Agreement in accordance with the then existing federal, state, and local laws.
20.2 PAETEC MCI shall pay to City the applicable fee at the time of the submission of the applicationapplication for renewal.
20.3 City shall have the right to renegotiate any of the terms from the prior agreement that may be required by applicable federal, state or local law or regulationsagreement. PAETEC MCI understands that the City may adopt future code amendments and/or fee schedules relating to Facilities located within the ROW, which may replace in its entirety the current fees and other costs imposed upon PAETEC MCI under this Agreement. PAETEC MCI acknowledges the right of the City to adopt and implement such lawful code amendments and/or fee schedules.
20.4 If PAETECMCI’s Facilities remain in the ROW, and PAETEC MCI continues to use such Facilities beyond the expiration of the license term, the License shall be considered to be in a “Holdover Term,” subject to the terms and conditions of this Agreement. Such Holdover Term, however, shall not exceed 60 sixty (60) days beyond the expiration of the term, and no permits will be issued to PAETEC MCI by the City until a new License has been approved by the City Council.
20.5 Failure by PAETEC MCI to have a valid License and Agreement to use the ROW by the expiration of the Holdover Term shall result in immediate withdrawal and revocation of any existing permits issued by the City to PAETEC and the liquidated damages amount set forth in Section 33 shall applyMCI. If, however, PAETEC MCI has timely filed its application and is in active negotiations with the City prior to the expiration of the License and Agreement, the City may, in its discretion, grant, extend, or take no action on permits issued to PAETEC MCI prior to the expiration of the this Agreement.
Appears in 1 contract
Samples: Wired Telecommunications License and Right of Way Use Agreement
Modification, Renewal, Extension. 20.1 If PAETEC XO wishes to renew its License and continue using the ROW, then at least one hundred and eighty (180) days prior to the expiration of this License and Agreement, PAETEC XO shall apply to the City for a new License and Agreement in accordance with the then existing federal, state, and local laws.
20.2 PAETEC XO shall pay to City the applicable fee at the time of the submission of the application.
20.3 City shall have the right to renegotiate any of the terms from the prior agreement that may be required by applicable federal, state or local law or regulationsagreement. PAETEC XO understands that the City may adopt future code amendments and/or fee schedules relating to Facilities located within the ROW, which may replace in its entirety the current fees and other costs imposed upon PAETEC XO under this Agreement. PAETEC XO acknowledges the right of the City to adopt and implement such lawful code amendments and/or fee schedules.
20.4 If PAETECXO’s Facilities remain in the ROW, and PAETEC XO continues to use such Facilities beyond the expiration of the license termterm and pay the annual fees, the License shall be considered to be in a “Holdover Term,” subject to the terms and conditions of this Agreement. Such Holdover Term, however, shall not exceed 60 days beyond the expiration of the term, and no permits will be issued to PAETEC XO by the City until a new License has been approved by the City Council.
20.5 Failure by PAETEC XO to have a valid License and Agreement to use the ROW by the expiration of the Holdover Term shall may result in immediate withdrawal and revocation of any existing permits issued by the City to PAETEC and the liquidated damages amount set forth in Section 33 shall applyXO. If, however, PAETEC XO has timely filed its application and is in active negotiations with the City prior to the expiration of the License and Agreement, the City may, in its discretion, grant, extend, or take no action on permits issued to PAETEC XO prior to the expiration of the Agreement.
Appears in 1 contract
Samples: Wired Telecommunications License and Right of Way Use Agreement
Modification, Renewal, Extension. 20.1 If PAETEC AT&T wishes to renew its License and continue using the ROW, then at least one hundred and eighty (180) days prior to the expiration of this License and Agreement, PAETEC AT&T shall apply to the City for a new License and Agreement in accordance with the then existing federal, state, and local laws.
20.2 PAETEC AT&T shall pay to City the applicable fee at the time of the submission of the application.
20.3 City shall have the right to renegotiate any of the terms from the prior agreement that may be required by applicable federal, state or local law or regulations. PAETEC AT&T understands that the City may adopt future code amendments and/or fee schedules relating to Facilities located within the ROW, which may replace in its entirety the current fees and other costs imposed upon PAETEC AT&T under this Agreement. PAETEC AT&T acknowledges the right of the City to adopt and implement such lawful code amendments and/or fee schedules.
20.4 If PAETECAT&T’s Facilities remain in the ROW, and PAETEC AT&T continues to use such Facilities beyond the expiration of the license term, the License shall be considered to be in a “Holdover Term,” subject to the terms and conditions of this Agreement. Such Holdover Term, however, shall not exceed 60 days beyond the expiration of the term, and no permits will be issued to PAETEC AT&T by the City until a new License has been approved by the City Council.
20.5 Failure by PAETEC AT&T to have a valid License and Agreement to use the ROW by the expiration of the Holdover Term shall may result in immediate withdrawal and revocation of any existing permits issued by the City to PAETEC and the liquidated damages amount set forth in Section 33 shall apply. AT&T. If, however, PAETEC AT&T has timely filed its application and is in active negotiations with the City prior to the expiration of the License and Agreement, the City may, in its discretion, grant, extend, or take no action on permits issued to PAETEC AT&T prior to the expiration of the Agreement.
Appears in 1 contract
Samples: Wired Telecommunications License and Right of Way Use Agreement
Modification, Renewal, Extension. 20.1 If PAETEC Alluvion wishes to renew its License and continue using the ROW, then at least one hundred and eighty (180) days prior to the expiration of this License and Agreement, PAETEC Alluvion shall apply to the City for a new License and Agreement in accordance with the then existing federal, state, and local laws.
20.2 PAETEC Alluvion shall pay to City the applicable fee at the time of the submission of the application.
20.3 City shall have the right to renegotiate any of the terms from the prior agreement that may be required by applicable federal, state or local law or regulations. PAETEC Alluvion understands that the City may adopt future code amendments and/or fee schedules relating to Facilities located within the ROW, which may replace in its entirety the current fees and other costs imposed upon PAETEC Alluvion under this Agreement. PAETEC Alluvion acknowledges the right of the City to adopt and implement such lawful code amendments and/or fee schedules.
20.4 If PAETECAlluvion’s Facilities remain in the ROW, and PAETEC Alluvion continues to use such Facilities beyond the expiration of the license termterm and pay the annual fees, the License shall can be considered to be in a “Holdover Term,” subject to the terms and conditions of this Agreement. Such Holdover Term, however, shall not exceed 60 days beyond the expiration of the term, and no permits will be issued to PAETEC Alluvion by the City until a new License has been approved by the City Council.
20.5 Failure by PAETEC Alluvion to have a valid License and Agreement to use the ROW by the expiration of the Holdover Term shall result in immediate withdrawal and revocation of any existing permits issued by the City to PAETEC Alluvion and the liquidated damages amount set forth in Section 33 shall apply. If, however, PAETEC Alluvion has timely filed its application and is in active negotiations with the City prior to the expiration of the License and Agreement, the City may, in its discretion, grant, extend, or take no action on permits issued to PAETEC Alluvion prior to the expiration of the Agreement.
Appears in 1 contract
Samples: Wired Telecommunications License and Right of Way Use Agreement