BOLDYN NETWORKS US LLC - Laserfiche WebLink

Docusign Envelope ID: 630D402A-480E-441F-B23E-642A498E5ED5 request, at the sole option of CITY, CITY shall have the right (but not the obligation) to perform such removal and restoration at the sole expense of ENCROACHER, which actual expense including, without limitation, administrative and legal costs ENCROACHER agrees to pay CITY within ten (10) business days of CITY's written demand. If City allows ENCROACHER to abandon its Network Facilities in place, title to those Network Facilities shall pass to CITY and ENCROACHER shall, upon demand, promptly execute and deliver to CITY all documentation necessary to effectuate such transfer of ownership, without any additional consideration paid by CITY, of the Network Facilities. Upon such transfer of ownership after abandonment and acceptance by CITY, ENCROACHER shall have no further obligations or liabilities with respect to the transferred Network Facilities, with the exception of the repair obligations delineated in Section 8, the indemnification obligations delineated in Section 11 and any other obligations that survive the termination of this Agreement. 14.3 All remedies available to the Parties under this Agreement will be cumulative and not exclusive. Any remedy or remedies sought by the CITY or ENCROACHER will not constitute a waiver or election with respect to any other available remedy or remedies. SECTION 15 NOTICES 15.1 ENCROACHER's Network Operations Center shall be available to CITY staff 24 hours a day, 7 days a week, regarding problems or complaints resulting from the Network Facilities installed within the Public Rights -of -Way and may be contacted by telephone at (800) 624-9675 regarding such problems or complaints. ENCROACHER shall promptly respond to such call(s) and perform the required repair or correct any adverse impact to CITY's use or operations or the use or operations of a third party caused by ENCROACHER's Network Facilities in the Public Rights) -of -Way at no cost to CITY, except as otherwise set forth in this Agreement. 15.2 All notices given or which may be given pursuant to this Agreement shall be in writing and transmitted by certified or registered United States mail, return receipt requested, with postage prepaid, or by nationally recognized overnight courier service that maintains delivery records and confirmations, with courier fees prepaid, as follows: To CITY at: City of Pleasanton Attn: City Engineer P.O. Box 520 Pleasanton, CA 94566 With a required copy to: City of Pleasanton Attn: City Attorney P.O. Box 520 Pleasanton, CA 94566 -17- [SEC=PROTECTE D]