Frequencies. Prior to or contemporaneous with its execution of this Agreement, the City of Cedar Park agrees to transfer to ▇▇▇▇▇▇▇▇▇▇ County five (5) 800 MHz frequencies currently licensed to Cedar Park. ▇▇▇▇▇▇▇▇▇▇ County hereby agrees to re-license said frequencies and include them in the RCS frequency pool. The City of Cedar Park agrees to relinquish its current single site five (5) channel 800MHz analog radio system, and ownership of same shall revert to or otherwise be transferred to ▇▇▇▇▇▇▇▇▇▇ County. It is expressly acknowledged and agreed by the parties hereto that the resolution unanimously passed by the ▇▇▇▇▇▇▇▇▇▇ County Commissioner’s Court on September 11, 2001, under Agenda Item 21, remains in full force and effect. Such resolution recites as follows: “Now, therefore, be it resolved by the Commissioner’s Court of ▇▇▇▇▇▇▇▇▇▇ County, Texas, that the County agrees that if any participating entity in CWICS transfers its FCC license to ▇▇▇▇▇▇▇▇▇▇ County, the County will transfer said license back to said entity if said entity withdraws from CWICS, or CWICS is dissolved.” In accordance with the immediately-preceding paragraph, it is expressly acknowledged and agreed by the parties hereto that, due to the dissolution of CWICS, the Cities, as defined herein in Section 1(3), currently retain all rights to make demand for and receive reassignment of their individual and respective FCC licenses and frequencies back to themselves from ▇▇▇▇▇▇▇▇▇▇ County. In the spirit of cooperation, the Cities agree to forego their right to demand the immediate reassignment of their individual and respective FCC licenses and frequencies and hereby agree to allow said frequencies to remain in the name of ▇▇▇▇▇▇▇▇▇▇ County and be used for purposes of a RCS frequency pool; provided, however, the parties to this Agreement agree that the Program Manager/▇▇▇▇▇▇▇▇▇▇ County shall consent to and authorize the reassignment of said FCC licenses and frequencies back to any of the Cities that choose to withdraw from this Agreement pursuant to Section 18 herein below or consent to and authorize the reassignment of the individual and respective FCC licenses and frequencies back to all of the Cities if the RCS is dissolved in its entirety. In the event of a reassignment of said FCC licenses and frequencies following a RCS Party’s withdrawal from the RCS, the parties hereto acknowledge that they may not be reassigned the same frequency that they previously assigned to ▇▇▇▇▇▇▇▇▇▇ County prior to the dissolution of CWICS since such frequency may be in use as an RCS control channel. However, in such case, the Program Manager/▇▇▇▇▇▇▇▇▇▇ County shall reassign a comparable frequency to the withdrawing RCS Party. The parties to this Agreement expressly acknowledge their understanding that this provision shall have primacy over and shall supersede any statement to the contrary contained herein or elsewhere. ▇▇▇▇▇▇▇▇▇▇ County agrees to keep the frequencies which are in the RCS frequency pool active in order to prevent any reversion of frequencies back to the FCC.
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