Common use of Default Fees Clause in Contracts

Default Fees. Without limiting the City’s other rights and remedies under this Master License, the City may require Licensee to pay Additional Fees for the City’s administrative costs in providing notice or performing inspections for the events described below (each, a “Default Fee”), by giving notice of the City’s demand that Licensee cure the default and specifying the cure period. The Default Fee for the initial notice from the City will be due and payable to the City 10 days after delivery of notice to Licensee. In addition, if Licensee fails to cure the condition within the cure period set forth in the initial notice, and the City then delivers to Licensee a follow-up notice requesting compliance, then the Default Fee for the follow-up notice will be due and payable to the City 10 days after delivery of the follow-up notice to Licensee. Default Fees will apply to any of the following events: (a) Licensee constructs or installs any alteration or improvement without the City’s prior approval as required by Article 6 (Pole License Approvals), Article 7 (Installation of Equipment), or Article 8 (Alterations) of this Master License. (b) Licensee fails to make a repair required by Article 10 (Licensee’s Maintenance and Repair Obligations) on a timely basis. (c) Licensee fails to notify the City, through its project manager, before accessing the License Area or following the plan approval procedures as set forth in Article 7 (Installation of Equipment). (d) Licensee fails to provide evidence of the required bonds and insurance coverage described in Article 19 (Insurance) on a timely basis.

Default Fees. Without limiting the City’s other rights and remedies under this Master License, the City may require Licensee to pay Additional Fees for the City’s administrative costs in providing notice or performing inspections for the events described below (each, a “Default Fee”), by giving notice of the City’s demand that Licensee cure the default and specifying the cure period. The Default Fee for the initial notice from the City will be due and payable to the City 10 days after delivery of notice to Licensee. In addition, if Licensee fails to cure the condition within the cure period set forth in the initial notice, and the City then delivers to Licensee a follow-up notice requesting compliance, then the Default Fee for the follow-up notice will be due and payable to the City 10 days after delivery of the follow-up notice to Licensee. Once the City has accepted a Default Fee for a particular violation, which it is not in any way obligated to do, the City shall be prohibited from pursuing any other remedies for such violation. Default Fees will apply to any of the following events: (a) Licensee constructs or installs any alteration or improvement without the City’s prior approval as required by Article 6 (Pole License Approvals), Article 7 (Installation of Equipment), or Article 8 (Alterations) of this Master License. (b) Licensee fails to make a repair required by Article 10 (Licensee’s Maintenance and Repair Obligations) on a timely basis. (c) Licensee fails to notify the City, through its project manager, before accessing the License Area for the initial installation of the Equipment or following to follow the plan approval procedures as set forth in Article 7 (Installation of Equipment). (d) Licensee fails to provide evidence of the required bonds and insurance coverage described in Article 19 (Insurance) on a timely basis.

Default Fees. Without limiting the CitySFPUC’s other rights and remedies under this Master License, the City SFPUC may require Licensee to pay Additional Fees for the CitySFPUC’s administrative costs cost in providing notice or performing inspections for the events described below (each, a “Default Fee”), by giving notice of the CitySFPUC’s demand that Licensee cure the default and specifying the cure period. The Default Fee for the initial notice from the City SFPUC will be due and payable to the City SFPUC 10 days after delivery of notice to Licensee. In addition, if Licensee fails to cure the condition within the cure period set forth in the initial notice, and the City SFPUC then delivers to Licensee a follow-up notice requesting compliance, then the Default Fee for the follow-up notice will be due and payable to the City SFPUC 10 days after delivery of the follow-up notice to Licensee. Default Fees will apply to any of the following events: (a) Licensee constructs or installs any alteration or improvement without the CitySFPUC’s prior approval as required by Article 6 (Pole License Approvals), Article 7 (Installation of Equipment), or Article 8 (Alterations) of this Master License. (b) Licensee fails to make a repair required by Article 10 (Licensee’s Maintenance and Repair Obligations) on a timely basis. (c) Licensee fails to notify the CitySFPUC, through its project manager, before accessing the License Area or following the plan approval procedures as set forth in Article 7 (Installation of Equipment). (d) Licensee fails to provide evidence of the required bonds and insurance coverage described in Article 19 (Insurance) on a timely basis.