Common use of Unauthorized Occupancy Clause in Contracts

Unauthorized Occupancy. If any of Licensee’s Facilities are found occupying any portion of any of the Burlington Fiber System other than as set forth in Exhibit A the City may, without prejudice to its other rights or remedies under this Agreement, require Licensee to remove the unauthorized occupancy within ten (10) days of receipt of written notice from the City regarding Licensee’s unauthorized use and the City may assess an unauthorized occupancy fee at the rate of five hundred dollars ($500.00) per day for each day of the unauthorized occupancy after expiration of such ten (10) day notice. In addition, if at the end of such ten (10) day period, Licensee has not removed the unauthorized occupancy, the City may, at its sole option, remove Licensee’s Facilities at Licensee’s expense and the City shall be indemnified by Licensee for such work; provided however that if such unauthorized occupancy results in a threat to the public’s safety health or welfare or imminent threat of interruption of fiber services the City may remove Licensee’s Facilities without notice.. No act or failure to act by the City with regard to said unlicensed use shall be deemed as ratification of the unlicensed use.