Smyrna IGA for Antenna 5.1.2026 edits
Open official source ↗ · Source page 8
7 including access rights during County business hours for routine maintenance, repairs, and any other reasonably required adjustment needed for City’s Service Provider Services. Escorted Emergency access may be granted through verbal notice. When the City’s Service Provider Hardware includes a Maintenance Agreement____________, County also grants City Public Works Department (“Authorized Customer”) the right to physically access the installed City’s Service Provider Hardware, manual battery swaps, or to guide City’s Service Provider employees, agents, or subcontractors to the leased equipment for any required repair or maintenance. County acknowledges that Authorized Customer personnel may require independent access to County Property for these purposes. SECTION 3. TERM AND TERMINATION (a)Term of Agreement. Unless otherwise terminated as provided within this Agreement, the term of this Agreement shall be for twelve (12) months commencing on the Effective Date and ending at midnight on the last day of the term (“Term”). Unless either Party provides written notice to the other Party prior to expiration of the Term or Renewal Term that the notifying Party will not renew the Agreement, the Term will automatically renew for additional one (1) year periods (each a “Renewal Term”), upon the same terms and conditions set forth in this Agreement. (b)Termination for Cause. This Agreement may be terminated before the expiration of the Term or Renewal Term on written notice by either Party, if either Party breaches any material provision of this Agreement and such breach is not cured by breaching Party within thirty (30) days after receipt of written notice of such breach. (c)Early Termination. (1) This Agreement shall terminate immediately when and if City’s agreement with City’s Service Provider for the use of this City’s Service Provider Hardware terminates. (2) County may terminate this Agreement at any time that County determines that the City’s Service Provider Hardware is interfering with County’s repeater antenna or with County’s use of the Property. (c)Effect of Termination. Within thirty (30) days after such expiration or earlier termination, City’s Service Provider shall remove the City’s Service Provider Hardware and any debris, and restore County Property to its original condition, reasonable wear and tear excepted. SECTION 4. FEES. City’s Service Provider shall be responsible for paying all costs associated with County review, processing and inspection as part of all permit applications filed for the installation, modification, maintenance and removal of the City’s Service Provider Hardware. City’s Service Provider shall also be responsible for any costs incurred by County as a result of allowing the location of the City’s Service Provider Hardware. The Parties agree that no fees will be assessed for the license and permission herein granted to City’s Service Provider. The mutual benefits flowing between City and County in the protection of citizens of Cobb County through City Public Works Department’s use of City’s Service Provider Services. SECTION 5. CONSTRUCTION, MAINTENANCE AND REPAIR ACTIVITIES City’s Service Provider shall keep and maintain all City’s Service Provider Hardware installed on County Property in good condition and repair throughout the Term, normal wear and tear and casualty excepted. City’s Service Provider may conduct testing and maintenance activities, and repair and replace damaged or malfunctioning City’s Service Provider Hardware with twenty-four (24) hour advance notice during County’s business hours. SECTION 6. INTERFERENCE PROHIBITED City’s Service Provider shall not impede, obstruct or otherwise interfere with the installation, existence, maintenance, and/or operation of any other facility on County Property or County’s use of County Property. Any interference with County’s use of its repeater antenna shall be immediately ceased. County reserves the right to immediately suspend the usage of County Property if the interference is significant. If the interference cannot be corrected, City’s Service Provider’s Hardware shall be removed from County Property and this Agreement shall be terminated. SECTION 7. INDEMNITY AND RISK OF LOSS (a)Indemnification. City’s Service Provider covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. City’s Service Provider shall bear all losses and damages directly or indirectly resulting to it and/or County on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, City’s Service Provider shall defend, indemnify and hold harmless County and County’s elected and appointed officials, officers, boards, commissions, employees, representatives,