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permit fees have not been established, Mobilitie shall pay such reasonable costs and
<br />expenses directly to the City.
<br />R: 19. Taxes._ Nothing contained in this Franchise Agreement shall exempt
<br />Franchisee's obligation to pay any applicable utility tax, business tax, or ad valorem
<br />property tax, now or hereafter levied against real or personal property within the City, or
<br />against any local improvement assessment imposed on Franchisee. Any fees, charges,
<br />and/or fines provided for in the City Municipal Code or any other City ordinance, are
<br />separate from, and additional to, any and all federal, state, local, and City taxes as may
<br />be levied, imposed, or due from Franchisee.
<br />S: 20. Vacation. If, at any time, the City shall vacate any City road, right-of-
<br />way, or other City property which is subject to rights granted by this Franchise Agreement
<br />and said vacation shall be for the purpose of acquiring the fee or other property interest
<br />in said road, Public Right -of -Way, or other City property fie use of the City, in either
<br />its proprietary or governmental capacity, then the City m,gat its option and by giving 40
<br />60 days written notice to Mobilitie, terminate this Franigreement with reference to
<br />such City road, right-of-way, or other City propertyp (/acaand the City shall not be
<br />liable for any damages or loss to Mobilitie by rea of such to tation other than those
<br />provided for in RCW 35.99.
<br />Section 7. Franchise Compliance.
<br />A. Franchise Violations. The fa4 j „ obi to fully comply with any of the
<br />provisions of this Franchise Agreement g ' ,��,�, a written notice from the City that
<br />� �
<br />describes the violations of the Fr P$se Aer ment and requests remedial action within
<br />60 days of receipt of such not bilitih as not attained full compliance at the end
<br />of the 60 -day period followin eceif tf/&ation notification, the City may declare an
<br />immediate termination of all fro; e n M and privileges, provided that full compliance
<br />was reasonably posse;� t 60 -day period.
<br />B. Emergen
<br />1. If an Mo �tie's actions under this Franchise Agreement, or any
<br />by ��° ® ect a situation caused by Mobilitie, is reasonably deemed
<br />failure Mobilitie to act ����
<br />by the City to create a thre.t to life or property, financial harm, or cause a delay of the
<br />construction, repair or maintenance of the public improvement, the City may order
<br />Mobilitie to immediately correct said threat, financial harm, or delay or, at the City's
<br />discretion, the City may undertake measures to correct said threat, financial harm or delay
<br />itself; provided that, when possible, the City shall notify Mobilitie and give Mobilitie an
<br />opportunity to correct within a specified time said threat, financial harm, or delay before
<br />undertaking such corrective measures. Mobilitie shall be liable for all reasonable costs,
<br />expenses, and damages attributed to the correction of such an emergency situation as
<br />undertaken by the City to the extent that such situation was caused by Mobilitie and shall
<br />further be liable for all reasonable costs, expenses, and damages resulting to the City
<br />from such situation and any reimbursement of such costs to the City shall be made within
<br />30 days of written notice of the completion of such action or determination of damages
<br />by the City. The failure by Mobilitie to take appropriate action to correct a situation caused
<br />by Mobilitie and identified by the City as a threat to public or private safety or property,
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