2011 010 Ordinance - Laserfiche WebLink

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3/15/2011 notice that the lien has been filed. If Licensee fails to commence steps to discharge, bond or secure any lien within such thirty (30) day period, then, in addition to any other right or remedy of Licensor, Licensor may, at its election, upon five (5) days' prior written notice to .Licensee discharge the lien by either paying the amount claimed to be due or obtaining the discharge by deposit with a court or a title company or by bonding. Licensee shall pay on demand any amount so paid by Licensor for the discharge or satisfaction of any lien, and all reasonable attorneys' fees and other legal expenses of Licensor incurred in defending any such action or in obtaining the discharge of such lien, together with all necessary reasonable disbursements in connection therewith. Failure to immediately pay these amounts constitutes a breach of this License and Licensor may immediately terminate this Agreement without any right to cure under Article XX. (f) Licensee understands and agrees the Site in its entirety is offered as is. Licensee further agrees~nothing installed on the Site will cause interference to any of the current communications capabilities of the Site. Prior to finalizing plans for the engineering of its communications suite, Licensee shall complete a comprehensive intermodulation study which shall meet all industry standards, and submit such study to the Licensor. Such intermodulation study must demonstrate the Licensee's proposed communications suite and which shall not interfere with any of the Site's current communications capabilities. If, after the initial activation of the Licensee's communications suite, any dimunition of performance or interference occurs to the Licensor or any of its existing co-locators current capabilities, Licensee shall immediately turn off the source of interference and resolve the problem prior to turning their equipment back on. If the solution to the interference includes modification to Licensor's equipment, the entire cost of correcting the interference shall be borne by the Licensee. (g) Notwithstanding anything in this Article XII to the contrary, Licensee acknowledges that Licensor may not have control over equipment located on or adjoining the Premises that would interfere with Licensee's use of the Site and shall not be liable for such lack of control. In the event of such interference, Licensor and Licensee shall use all reasonable efforts within their control to obtain the cooperation of the equipment owner to resolve such interference; provided, however, that if the parties shall not succeed in obtaining the cooperation of the equipment owner to resolve such interference within thirty (30) days following such .interference, Licensee may immediately .terminate this License if so affected, and neither party shall have any further liability with respect to such License. Any prepaid License Fee shall be credited or returned to Licensee on a pro rated basis. (h) All portions of the telecommunications ~ facilities. or other property or improvements attached to or otherwise brought onto the Site by Licensee shall, at all times and for all purposes, be the personal property of Licensee and at Licensee's option and with Licensor's prior written approval, may be removed by Licensee: at any time during the term, and if Licensor does not want the personal property at the expiration of the this License, Licensee shall remove such personal property no later than fifteen (15) days after expiration of the term or termination of the License. (i) Upon execution of a License, Licensor shall not thereafter grant to any third parry any lease, license or other permission to use (herein, collectively, a "Grant") the Premises, Site or area surrounding the Premises under Licensor's reasonable control, if the use permitted Page 8 of 26