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BOLDYN NETWORKS US LLC
City of Pleasanton
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BOLDYN NETWORKS US LLC
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Last modified
9/24/2025 3:49:23 PM
Creation date
8/6/2025 12:39:25 PM
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CONTRACTS
Description Type
Professional Services
Contract Type
New
NAME
BOLDYN NETWORKS US LLC
Contract Record Series
704-05
Contract Expiration
7/9/2035
NOTES
MASTER ENCROACHMENT AGREEMENT
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Docusign Envelope ID: 630D402A-480E-441F-B23E-642A498E5ED5 <br />SECTION 14 <br />MUNI AND TERMINATION <br />14.1 This Agreement shall expire ten (10) years from the Effective Date (the "Initial Term"). <br />Following the Initial Term, this Agreement shall automatically renew for up to ten (10) successive one (1) <br />year periods on the same terms and conditions, unless either Party issues a written notice of nonrenewal to <br />the other Party at least one hundred eighty (180) days prior to the expiration of the then -current term. This <br />Agreement may be terminated sooner under the following circumstances and consistent with applicable <br />Laws. <br />a. This Agreement may be terminated by CITY upon approval of the City Engineer <br />and at least sixty (60) days written notice to ENCROACHER if CITY reasonably <br />determines that the provisions herein interfere with CITY's use or disposal of the <br />Public Rights -of -Way or any part thereof. Where only a portion of <br />ENCROACHER's Network Facilities interferes with the use or disposal of said <br />Public Right -of -Way, CITY shall allow ENCROACHER to relocate the said <br />portion in accordance with this Agreement. <br />b. This Agreement may be terminated by CITY for failure, neglect or refusal by <br />ENCROACHER to fully and promptly comply with any and all of the conditions <br />of this Agreement, or for nonuse in accordance with Section 5.6 herein, upon <br />thirty (30) days written notice, unless ENCROACHER confirms within thirty <br />(30) days of receipt of the notice that the cited condition has ceased, been <br />corrected or, subject to CITY's agreement, is diligently being pursued by <br />ENCROACHER, which agreement shall not be unreasonably withheld. <br />C. [intentionally omitted from this Agreement] <br />d. [intentionally omitted from this Agreement] <br />e. This Agreement may be terminated by CITY (i) immediately upon written notice <br />to ENCROACHER if ENCROACHER's CPCN is terminated, revoked or <br />abandoned; and (ii) upon thirty (30) days written notice to ENCROACHER if <br />ENCROACHER's CPCN is suspended unless (1) ENCROACHER confirms <br />within such thirty (30) day period that the cited condition underlying such <br />suspension has ceased or has been corrected and ENCROACHER's CPCN has <br />been reinstated to good standing, or, (2) subject to CITY's agreement, cure of the <br />cited condition underlying such suspension is diligently being pursued by <br />ENCROACHER to completion and such cure will restore ENCROACHER's <br />CPCN to good standing. <br />14.2 Upon termination of the Agreement, and upon written request by CITY, <br />ENCROACHER, at its own cost and expense, agrees to remove all its Network Facilities or, at CITY's <br />discretion and upon the City Engineer's written approval, abandon in place some or all of its Network <br />Facilities from the Public Right -of -Way and restore the Public Right -of -Way as set forth in the Removal <br />and Relocation provisions of this Agreement. Should ENCROACHER in such event fail, neglect or <br />wit <br />one hundred eighty (1$0) days of CITY's written <br />refuse to make such removals or restoration w <br />-16- <br />[SEC=PROTECTED] <br />
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