TIC 2017-11-28 Item 2A - Ordinance - Verizon Franchise Agreement

Browse Search

Section 21. Joint Venture. It is not intended by this Franchise Agreement to, and nothing contained in this Franchise Agreement shall, create any partnership, joint venture, or principal -agent relationship or other arrangement between VERIZON and City. Neither Party is authorized to, nor shall either Party act toward third Persons or the public in any manner that would indicate any such relationship. The Parties intend that the rights, obligations, and covenants in this Franchise Agreement and any collateral instruments shall be exclusively enforceable by the City and VERIZON, their successors, and assigns. No Person not a Party hereto, and no such Person shall have any right or cause of action hereunder, except as may be otherwise provided herein. Further, VERIZON is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City. However, nothing in this section prevents an assignment as provided for in this Franchise Agreement. Section 22. Binding Effect Upon Successors and Assigns. All of the provisions contained in this Franchise Agreement shall be binding upon the heirs, successors, executors, administrators, receivers, trustees, legal representatives, transferees and assigns of VERIZON; and all privileges as well as any obligations and liabilities of VERIZON shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever VERIZON is named herein. Section 23. Waiver. No failure by either Party to insist upon the performance of any of the terms of this Franchise Agreement or to exercise any right or remedy consequent upon a Default thereof, shall constitute a waiver of any such Default or of any of the terms of this Franchise Agreement. None of the terms of this Franchise Agreement to be kept, observed, or performed by either Party, and no Default thereof, shall be waived, altered, or modified except by a written instrument executed by the injured Party. No waiver of any Default shall affect or alter this Franchise Agreement, but each of the terms of this Franchise Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default thereof. No waiver of any Default of the defaulting Party shall be implied from any omission by the injured Party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and then only for the time and to the extent therein stated. One or more waivers by the injured Party shall not be construed as a waiver of the subsequent Default of the same covenant, term or conditions. Section 24. Survival of Terms. Upon the expiration, termination, revocation, or forfeiture of the Franchise Agreement, VERIZON shall no longer have the right to occupy the Franchise area for the purpose of providing services authorized herein. However, VERIZON's obligations under this Franchise Agreement to the City shall survive the expiration, termination, revocation, or forfeiture of these rights according to its terms for so long as VERIZON's Telecommunications System or any part thereof shall remain in whole or in part in the Public Rights -of -Way, or until such time as VERIZON transfers ownership in all Facilities in the Franchise Area to the City or a third - Party, or until such time as VERIZON abandons said Facilities in place, all as provided herein. Said obligations include, but are not limited to: VERIZON's obligations to W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 11-20-17 GL:bjs Page 18 of 21 20