R2007-94 AUTHORIZING AGREEMENT - Laserfiche WebLink

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1.8 Notwithstanding the provisions of Section 1.4, with respect to the IP Network of AT&T located in the ROW and utilized to provide IP-enaUled Video Service: a. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all applicable state laws, including Title 83, Part 305 of the Illinois Administrative Code, and local codes where applicable, as adopted by the Municipality. b. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical Safety Code of the National Bureau of Standards and National Electrical Code of the National Board of Fire Underwriters. c. Antennas and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state and Municipal laws, codes and regulations. d. All of AT&T's IP Network facilities shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices. All such work must be performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements the Municipality may deem appropriate to make, interfere in any manner with the rights of any property owner or unnecessarily hinder or obstruct pedestrian or vehicular traffic. Nothing in this Section shall be construed to limit AT&T's rights to access and make use of its own or general utility easements in accordance with the terms of such easements so long as such use is consistent with applicable provisions of the and state and federal law. e. AT&T shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public. f. AT&T shall to the extent applicable, comply with the provisions of � Chapter 36 of the regarding tree trimming on both public and private property. 2. Term. The term of this Agreement shall begin on the Effective Date and end five (5) years after the Effective Date. The term may be extended for one five (5) year extension period, or any other extension period, upon mutual agreement of the Municipality and AT&T. Upon the expiration of this Agreement, AT&T will remain subject to the applicable provisions of federal, state and local law for tke provision of IP-enabled Video Service provided within the Municipality, and shall be required to negotiate a new Competitive Video Service Agreement, as applicable.