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C. This Franchise Agreement merely authorizes Mobilitie to occupy and use the <br />Franchise Area. Nothing contained herein shall be construed to grant or convey any right, <br />title, or interest in the Franchise Area to Mobilitie. <br />D. CITY DOES NOT WARRANT ITS TITLE OR PROPERTY INTEREST IN OR TO <br />ANY FRANCHISE AREA NOR UNDERTAKE TO DEFEND FRANCHISEE IN THE <br />PEACEABLE POSSESSION OR USE OF THE FRANCHISE AREA. NO COVENANT <br />OF QUIET ENJOYMENT IS MADE. <br />Section 3. Authority. The Director of Public Works or designee is hereby granted <br />the authority to administer and enforce the terms and provisions of this Franchise <br />Agreement and may develop such lawful and reasonable rules, policies, and procedures <br />as the Public Works Director deems necessary to carry out the provisions contained <br />herein. <br />Section 4. Franchise Term. <br />A. Term. The franchise rights granted herein shall remain in full force and effect for <br />a period of ten (10) years from the effective date of this ordinance (the "Term"). However, <br />this Franchise Agreement shall not take effect and Mobilitie shall have no rights under <br />this Franchise Agreement unless a written acceptance with the City is received pursuant <br />to Section 5 of this Agreement. If Franchisee desires to renew this Franchise Agreement, <br />it shall file a renewal application with the City between 180 days and 120 days prior to the <br />expiration of the existing term. In the event of such filing, the City may, at the City's sole <br />discretion, extend the term of this Franchise Agreement for up to one year beyond the <br />expiration date to allow processing of renewal. If the City elects to extend the term of this <br />Franchise, written notice of the extension shall be provided to Franchisee prior to the <br />Franchise expiration date. <br />B. Termination by Mobilitie. Mobilitie may terminate this Agreement, either in its <br />entirety or only as to Facilities installed at a particular location, for any reason or no reason <br />in Mobilitie's sole discretion by providing thirty (30) days' written notice to the City, in <br />which case Mobilitie shall remove the subject Facilities or, with the approval of the City, <br />abandon such Facilities in place. <br />Section 5. Acceptance of Terms and Conditions. An acceptance of this Franchise <br />Agreement and all the terms and conditions, in the form attached hereto as Exhibit A, <br />shall be filed with the City Clerk within 30 days of the effective date of this ordinance. <br />Failure on the part of Mobilitie to file said consent within 30 days of the effective date of <br />this ordinance shall void and nullify any and all rights granted under this Franchise <br />Agreement, and in such event this Agreement shall terminate without further obligation to <br />either party. <br />Section 6. Construction Provisions and Standards. The following provisions <br />shall be considered mandatory and failure to abide by any conditions described herein <br />shall be deemed as non-compliance with the terms of this Franchise Agreement and may <br />result in some or all of the penalties specified in Section 7. <br />137061302.3 <br />46 <br />