Common use of Written Acceptance Clause in Contracts

Written Acceptance. This franchise agreement shall be in force and in effect from and after passage of this Agreement, its acceptance by COMPANY, and its publication as required by law. The CITY, by Municipal Government resolution, may revoke this franchise agreement if COMPANY does not file a written acceptance with the CITY within 90 days after publication. Service and Rates - The service to be provided and the rates to be charged by COMPANY are to be low enough to encourage adoption of the transportation services and high enough to assure the profitable operation, maintenance, servicing of capital requirements, and network expansion. Service and rates shall comply with Texas law and the rights of property. Dispute Resolution - If either party asserts that the other party is in default in the performance of any obligation herein, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written via SECURE SERVER. Representatives of the parties must promptly meet and attempt, in good faith, to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise, or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. LOCATION, OTHER REGULATIONS Location of Facilities - NETWORK shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any CITY Utility System therein. NETWORK shall be located as determined by joint agreement between the CITY and COMPANY. COMPANY’S construction, reconstruction, operation, repair, maintenance, power, power distribution, and location of NETWORK shall be subject to permits if required by separate Agreement and to other reasonable regulations of the CITY to the extent consistent with the terms of this franchise agreement. COMPANY may abandon underground NETWORK in place, provided at the CITY’s request, COMPANY will seal tunnels, remove abandoned metal or concrete encased conduit interfering with a CITY improvement project but only to the extent such NETWORK are uncovered by excavation as part of the CITY improvement project within 4 months of abandonment. Street Openings - COMPANY shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the CITY, if required by a separate Agreement, for which the CITY may impose a reasonable fee. Permit conditions imposed on COMPANY shall not be more burdensome than those imposed on other utilities for similar facilities or work. COMPANY may, however, open and disturb any Public Ground or Public Way without permission from the CITY where an emergency exists requiring the immediate repair of NETWORK. In such event, COMPANY shall notify the CITY by telephone, email and/or the website deployed to coordinate with the office designated by the CITY as soon as practicable. Not later than the second working day thereafter, COMPANY shall obtain any required permits and pay any required fees. Restoration - After undertaking any work requiring the opening of any Public Ground or Public Way. COMPANY shall restore the same including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter that are a consequence of COMPANY actions, not to include consequences such as extreme weather, vandalism, or other work by the CITY. The work shall be completed as promptly as weather permits, and if COMPANY shall not promptly perform and complete the work, remove all dirt, rubbish, equipment, and material, and put the Public Ground or Public Way in the said condition, the CITY shall have, after demand to COMPANY to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of COMPANY. COMPANY shall pay to the CITY the cost of such work done for or performed by the CITY. This remedy shall be in addition to any other remedy available to the CITY for noncompliance with this Section 3.2, but the CITY hereby waives any requirement for COMPANY to post a construction performance bond, certificate of insurance, letter of credit, or any other form of security or assurance that may be required, under a separate existing or future Agreement of the CITY, of a person or entity obtaining the CITY’s permission to install, replace or maintain facilities in a Public Way. Avoid Damage to NETWORK - Nothing in this Agreement relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging NETWORK while performing any activity. No one except those authorized by the COMPANY may perform work on the NETWORK. The CITY shall notify the COMPANY in advance of any work being performed under its authority that could potentially destabilize any part of Public Ways and Public Grounds through which NETWORK are deployed. Notice of Improvements - The CITY must give COMPANY reasonable notice of plans for improvements to Public Ways where the CITY has reason to believe that NETWORK may affect or be affected by the improvement. The notice must be given to the COMPANY in a sufficient length of time in advance of the actual commencement of the work to permit the COMPANY to make any necessary additions, alterations, or repairs to its NETWORK. The COMPANY shall provide the CITY notice of improvements within the CITY permitting process for structures that intersect Public Ways and Public Grounds. COMPANY improvements to electronics, software, mechanics, and components of the NETWORK, which are trade secrets of the COMPANY, need not be disclosed and will be accounted for within the insurance, safety, and operations documents of the COMPANY. Shared Use of NETWORK - COMPANY shall make space available on its NETWORK for CITY fire, water utility, police, or other CITY facilities upon terms and conditions acceptable to COMPANY whenever such use will not interfere with the use of such NETWORK by COMPANY, at best rates. The CITY shall pay for any added costs or lost profits incurred by COMPANY because of such use by the CITY. To the extent practical and commercially viable, the COMPANY will allow use of NETWORK by telephone, cable television, and other communication companies at typical commercial rates. COMPANY is free to implement agreements for non-interference use of its structures with the exception that non-interference use is within CITY codes.

Written Acceptance. This franchise agreement shall be in force and in effect from and after passage of this Agreement, its acceptance by COMPANY, and its publication as required by law. The CITY, by Municipal Government resolution, may revoke this franchise agreement if COMPANY does not file a written acceptance with the CITY within 90 days after publication. Service and Rates - The service to be provided and the rates to be charged by COMPANY are to be low enough to encourage adoption of the transportation services and high enough to assure the profitable operation, maintenance, servicing of capital requirements, and network expansion. Service and rates shall comply with Texas law and the rights of property. Dispute Resolution - If either party asserts that the other party is in default in the performance of any obligation herein, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written via SECURE SERVER. Representatives of the parties must promptly meet and attempt, in good faith, to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise, or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. LOCATION, OTHER REGULATIONS Location of Facilities - NETWORK shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any CITY Utility System therein. NETWORK shall be located on Public Grounds as determined by joint agreement between the CITY and COMPANY. COMPANY’S construction, reconstruction, operation, repair, maintenance, power, power distribution, and location of NETWORK shall be subject to permits if required by separate Agreement and to other reasonable regulations of the CITY to the extent consistent with the terms of this franchise agreement. COMPANY may abandon underground NETWORK in place, provided at the CITY’s request, COMPANY will seal tunnels, remove abandoned metal or concrete encased conduit interfering with a CITY improvement project but only to the extent such NETWORK are uncovered by excavation as part of the CITY improvement project within 4 months of abandonment. Street Openings - COMPANY shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the CITY, if required by a separate Agreement, for which the CITY may impose a reasonable fee. Permit conditions imposed on COMPANY shall not be more burdensome than those imposed on other utilities for similar facilities or work. COMPANY may, however, open and disturb any Public Ground or Public Way without permission from the CITY where an emergency exists requiring the immediate repair of NETWORK. In such event, COMPANY shall notify the CITY by telephone, email and/or the website deployed to coordinate with the office designated by the CITY as soon as practicable. Not later than the second working day thereafter, COMPANY shall obtain any required permits and pay any required fees. Restoration - After undertaking any work requiring the opening of any Public Ground or Public Way. COMPANY shall restore the same including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter that are a consequence of COMPANY actions, not to include consequences such as extreme weather, vandalism, or other work by the CITY. The work shall be completed as promptly as weather permits, and if COMPANY shall not promptly perform and complete the work, remove all dirt, rubbish, equipment, and material, and put the Public Ground or Public Way in the said condition, the CITY shall have, after demand to COMPANY to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of COMPANY. COMPANY shall pay to the CITY the cost of such work done for or performed by the CITY. This remedy shall be in addition to any other remedy available to the CITY for noncompliance with this Section 3.2, but the CITY hereby waives any requirement for COMPANY to post a construction performance bond, certificate of insurance, letter of credit, or any other form of security or assurance that may be required, under a separate existing or future Agreement of the CITY, of a person or entity obtaining the CITY’s permission to install, replace or maintain facilities in a Public Way. Avoid Damage to NETWORK - Nothing in this Agreement relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging NETWORK while performing any activity. No one except those authorized by the COMPANY may perform work on the NETWORK. The CITY shall notify the COMPANY in advance of any work being performed under its authority that could potentially destabilize any part of Public Ways and Public Grounds through which NETWORK are deployed. Notice of Improvements - The CITY must give COMPANY reasonable notice of plans for improvements to Public Grounds or Public Ways where the CITY has reason to believe that NETWORK may affect or be affected by the improvement. The notice must be given to the COMPANY in a sufficient length of time in advance of the actual commencement of the work to permit the COMPANY to make any necessary additions, alterations, or repairs to its NETWORK. The COMPANY shall provide the CITY notice of improvements within the CITY permitting process for structures that intersect Public Ways and Public Grounds. COMPANY improvements to electronics, software, mechanics, and components of the NETWORK, which are trade secrets of the COMPANY, need not be disclosed and will be accounted for within the insurance, safety, and operations documents of the COMPANY. Shared Use of NETWORK - COMPANY shall make space available on its NETWORK for CITY fire, water utility, police, or other CITY facilities upon terms and conditions acceptable to COMPANY whenever such use will not interfere with the use of such NETWORK by COMPANY, at best rates. The CITY shall pay for any added costs or lost profits incurred by COMPANY because of such use by the CITY. To the extent practical and commercially viable, the COMPANY will allow use of NETWORK by telephone, cable television, and other communication companies at typical commercial rates. COMPANY is free to implement agreements for non-interference use of its structures with the exception that non-interference use is within CITY codes.

Written Acceptance. This franchise agreement shall be in force and in effect from and after passage of this Agreement, its acceptance by COMPANY, and its publication as required by law. The CITY, by Municipal Government resolution, may revoke this franchise agreement if COMPANY does not file a written acceptance with the CITY within 90 days after publication. Service and Rates - The service to be provided and the rates to be charged by COMPANY are to be low enough to encourage adoption of the transportation services and high enough to assure the profitable operation, maintenance, servicing of capital requirements, and network expansion. Service and rates shall comply with Texas Georgia law and the rights of property. Dispute Resolution - If either party asserts that the other party is in default in the performance of any obligation herein, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written via SECURE SERVER. Representatives of the parties must promptly meet and attempt, in good faith, to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise, or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. LOCATION, OTHER REGULATIONS Location of Facilities - NETWORK shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any CITY Utility System therein. NETWORK shall be located on Public Grounds as determined by joint agreement between the CITY and COMPANY. COMPANY’S construction, reconstruction, operation, repair, maintenance, power, power distribution, and location of NETWORK shall be subject to permits if required by separate Agreement and to other reasonable regulations of the CITY to the extent consistent with the terms of this franchise agreement. COMPANY may abandon underground NETWORK in place, provided at the CITY’s request, COMPANY will seal tunnels, remove abandoned metal or concrete encased conduit interfering with a CITY improvement project but only to the extent such NETWORK are uncovered by excavation as part of the CITY improvement project within 4 months of abandonment. Street Openings - COMPANY shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the CITY, if required by a separate Agreement, for which the CITY may impose a reasonable fee. Permit conditions imposed on COMPANY shall not be more burdensome than those imposed on other utilities for similar facilities or work. COMPANY may, however, open and disturb any Public Ground or Public Way without permission from the CITY where an emergency exists requiring the immediate repair of NETWORK. In such event, COMPANY shall notify the CITY by telephone, email and/or the website deployed to coordinate with the office designated by the CITY as soon as practicable. Not later than the second working day thereafter, COMPANY shall obtain any required permits and pay any required fees. Restoration - After undertaking any work requiring the opening of any Public Ground or Public Way. COMPANY shall restore the same including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter that are a consequence of COMPANY actions, not to include consequences such as extreme weather, vandalism, or other work by the CITY. The work shall be completed as promptly as weather permits, and if COMPANY shall not promptly perform and complete the work, remove all dirt, rubbish, equipment, and material, and put the Public Ground or Public Way in the said condition, the CITY shall have, after demand to COMPANY to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of COMPANY. COMPANY shall pay to the CITY the cost of such work done for or performed by the CITY. This remedy shall be in addition to any other remedy available to the CITY for noncompliance with this Section 3.2, but the CITY hereby waives any requirement for COMPANY to post a construction performance bond, certificate of insurance, letter of credit, or any other form of security or assurance that may be required, under a separate existing or future Agreement of the CITY, of a person or entity obtaining the CITY’s permission to install, replace or maintain facilities in a Public Way. Avoid Damage to NETWORK - Nothing in this Agreement relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging NETWORK while performing any activity. No one except those authorized by the COMPANY may perform work on the NETWORK. The CITY shall notify the COMPANY in advance of any work being performed under its authority that could potentially destabilize any part of Public Ways and Public Grounds through which NETWORK are deployed. Notice of Improvements - The CITY must give COMPANY reasonable notice of plans for improvements to Public Grounds or Public Ways where the CITY has reason to believe that NETWORK may affect or be affected by the improvement. The notice must be given to the COMPANY in a sufficient length of time in advance of the actual commencement of the work to permit the COMPANY to make any necessary additions, alterations, or repairs to its NETWORK. The COMPANY shall provide the CITY notice of improvements within the CITY permitting process for structures that intersect Public Ways and Public Grounds. COMPANY improvements to electronics, software, mechanics, and components of the NETWORK, which are trade secrets of the COMPANY, need not be disclosed and will be accounted for within the insurance, safety, and operations documents of the COMPANY. Shared Use of NETWORK - COMPANY shall make space available on its NETWORK for CITY fire, water utility, police, or other CITY facilities upon terms and conditions acceptable to COMPANY whenever such use will not interfere with the use of such NETWORK by COMPANY, at best rates. The CITY shall pay for any added costs or lost profits incurred by COMPANY because of such use by the CITY. To the extent practical and commercially viable, the COMPANY will allow use of NETWORK by telephone, cable television, and other communication companies at typical commercial rates. COMPANY is free to implement agreements for non-interference use of its structures with the exception that non-interference use is within CITY codes.

Written Acceptance. This franchise agreement shall be in force and in effect from and after passage of this Agreement, its acceptance by COMPANY, and its publication as required by law. The CITY, by Municipal Government resolution, may revoke this franchise agreement if COMPANY does not file a written acceptance with the CITY within 90 days after publication. Service and Rates - The service to be provided and the rates to be charged by COMPANY are to be low enough to encourage adoption of the transportation services and high enough to assure the profitable operation, maintenance, servicing of capital requirements, and network expansion. Service and rates shall comply with Texas law and the rights of property. Dispute Resolution - If either party asserts that the other party is in default in the performance of any obligation obligation, herein, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written via SECURE SERVER. Representatives of the parties must promptly meet and attempt, in good faith, to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise, or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. LOCATION, OTHER REGULATIONS Location of Facilities - NETWORK shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to or disrupt normal operation of any CITY Utility System therein. NETWORK shall be located on Public Grounds as determined by joint agreement between the CITY and COMPANY. COMPANY’S construction, reconstruction, operation, repair, maintenance, power, power distribution, and location of NETWORK shall be subject to permits if required by separate Agreement and to other reasonable regulations of the CITY to the extent consistent with the terms of this franchise agreement. COMPANY may abandon underground NETWORK in place, provided at the CITY’s request, COMPANY will seal tunnels, remove abandoned metal or concrete encased conduit interfering with a CITY improvement project but only to the extent such NETWORK are uncovered by excavation as part of the CITY improvement project within 4 months of abandonment. Street Openings - COMPANY shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the CITY, if required by a separate Agreement, for which the CITY may impose a reasonable fee. Permit conditions imposed on COMPANY shall not be more burdensome than those imposed on other utilities for similar facilities or work. COMPANY may, however, open and disturb any Public Ground or Public Way without permission from the CITY where an emergency exists requiring the immediate repair of NETWORK. In such event, COMPANY shall notify the CITY by telephone, email and/or the website deployed to coordinate with the office designated by the CITY as soon as practicable. Not No later than the second working day thereafter, COMPANY shall obtain any required permits and pay any required fees. Restoration - After undertaking any work requiring the opening of any Public Ground or Public Way. COMPANY shall restore the same including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter that are a consequence of COMPANY actions, not to include consequences such as extreme weather, vandalism, or other work by the CITY. The work shall be completed as promptly as weather permits, and if COMPANY shall not promptly perform and complete the work, remove all dirt, rubbish, equipment, and material, and put the Public Ground or Public Way in the said condition, the CITY shall have, after demand to COMPANY to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of COMPANY. COMPANY shall pay to the CITY the cost of such work done for or performed by the CITY. This remedy shall be in addition to any other remedy available to the CITY for noncompliance with this Section 3.2, but the CITY hereby waives any requirement for COMPANY to post a construction performance bond, certificate of insurance, letter of credit, or any other form of security or assurance that may be required, under a separate existing or future Agreement of the CITY, of a person or entity obtaining the CITY’s permission to install, replace or maintain facilities in a Public Way. Avoid Damage to NETWORK - Nothing in this Agreement relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging NETWORK while performing any activity. No one except those authorized by the COMPANY may perform work on the NETWORK. The CITY shall notify the COMPANY in advance of any work being performed under its authority that could potentially destabilize any part of Public Ways and Public Grounds through which NETWORK are deployed. Notice of Improvements - The CITY must give COMPANY reasonable notice of plans for improvements to Public Grounds or Public Ways where the CITY has reason to believe that NETWORK may affect or be affected by the improvement. The notice must be given to the COMPANY in a sufficient length of time in advance of the actual commencement of the work to permit the COMPANY to make any necessary additions, alterations, or repairs to its NETWORK. The COMPANY shall provide the CITY notice of improvements within the CITY permitting process for structures that intersect Public Ways and Public Grounds. COMPANY improvements to electronics, software, mechanics, and components of the NETWORK, which are trade secrets of the COMPANY, need not be disclosed and will be accounted for within the insurance, safety, and operations documents of the COMPANY. Shared Use of NETWORK - COMPANY shall make space available on its NETWORK for CITY fire, water utility, police, or other CITY facilities upon terms and conditions acceptable to COMPANY whenever such use will not interfere with the use of such NETWORK by COMPANY, at best rates. The CITY shall pay for any added costs or lost profits incurred by COMPANY because of such use by the CITY. To the extent practical and commercially viable, the COMPANY will allow use of NETWORK by telephone, cable television, and other communication companies at typical commercial rates. COMPANY is free to implement agreements for non-interference use of its structures with the exception that non-interference use is within CITY codes.