2022 13 RESOLUTION - Laserfiche WebLink

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Customer: Mayfield Village 4. SELECTION OF UNITS — The Customer and Company agree that lighting design and light selection authority is the Customer's. The Company will collaborate with the Customer upon request, but sole authority lies with the Customer. 5. ADDITION, REPLACEMENT AND/OR REMOVAL OF UNITS — At the request of Customer and in accordance with the Tariff, the Company will add, replace and/or remove Units. 6. OWNERSHIP, MAINTENANCE AND REPLACEMENT — None of the facilities or equipment installed or to be installed by the Company in connection with the supply of the LED street lighting service by the Company shall be deemed to be or become a part of the real estate crossed by or abutting such facilities or equipment or to be subject to any mortgage, lien or encumbrance applicable to such real estate; but shall, at all times, remain the personal property of the Company. All lighting components including lamp, refractor, luminaire, ballast, pole, bracket and other supporting materials shall be owned by the Company. If the Customer decides to opt out of the "Experimental Company Owned LED Lighting Program", Customer's decision shall not affect or impair the Company's ownership rights of the LED lights. All service and necessary maintenance will be performed only during the regular work hours of the Company. If service and necessary maintenance cannot be performed during regular work hours of the Company, for reasons beyond the Company's control, the incremental costs of performing such work shall be borne by the Customer. Costs associated with activities related to replacement, relocation, alteration, repair or removal of existing street lighting equipment are not included as part of normal maintenance and are the Customer's responsibility. Examples of such activities include, but are not limited to, the replacement of the existing fixture, remaining costs of existing infrastructure, removal or relocation of a lamp, luminaire, bracket, and/or pole, or installation of a luminaire shield. 7. GENERAL PROVISIONS — Reference is made to the Tariff for all other terms, provisions and conditions relative to the supply of LED street lighting service, including certain restrictions and limitations. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. This Agreement and the Tariff shall constitute the entire agreement among the parties hereto and supersedes any and all prior written or oral agreements, communications, negotiations, representations, or promises with respect to the subjects addressed in this Agreement. To the extent there is any conflict between this Agreement and the Tariff, the Tariff shall prevail. This Agreement shall be binding upon Customer and the Company and their respective successors and assigns. c