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EQUIPMENT AND INSTALLATION <br /> 3. The Licensee shall be solely responsible for all costs and expenses related to the operation, <br /> maintenance, repair, connection/disconnection, replacement and/or removal of the <br /> Equipment. The City shall not be responsible for any Equipment related costs or expenses <br /> of whatever nature. The Licensee shall immediately repair or pay for any damages to City <br /> owned property and/or equipment during the term of this Agreement caused by the <br /> Licensee or its agents. <br /> 4. The Equipment installed by the Licensee shall be and remain the property of the Licensee. <br /> The Licensee agrees to maintain the Equipment in good working order at all times at no <br /> cost to the City. <br /> 5. The Licensee shall install the Equipment in the manner and to the extent necessary or <br /> appropriate to enable the Licensee to provide the collection and transmission of water <br /> consumption information wirelessly over a secure radio frequency by the water utility <br /> provider, as herein provided for. The Equipment shall be installed in accordance with good <br /> engineering practices. <br /> 6. The Licensee shall use its best efforts to install all of its Equipment in a manner so as to be <br /> reasonably inaccessible to unauthorized persons and to pose no threat or hazard to life, <br /> safety or property with respect to persons and property on or about the Premises. <br /> 7. The Licensee shall ensure the Equipment is installed a minimum of three (3) feet from <br /> other roof mounted equipment on the Premises. <br /> 8. In the event of any interference to any equipment or facilities on the Premises or to any <br /> other facilities located elsewhere in the City, the Licensee shall be required to relocate the <br /> Equipment at their sole cost and expense upon seven (7) days written notice from the City. <br /> 9. Upon notification by the City, the Licensee shall be required to immediately remove any <br /> Equipment during inclement or bad weather that is deemed by the City Manager or his <br /> designee to present a threat to the life, safety and welfare of the City's residents. In such <br /> an event, the Licensee shall be responsible for all associated removal costs of the <br /> - Equipment, including but not limited to any associated administrative fees and/or costs. <br /> Additionally, the Licensee shall be responsible for all associated costs to reinstall the <br /> Equipment. <br /> UTILITIES <br /> 10. Electric power to operate the Equipment of the Licensee at the Premises shall be furnished <br /> by the City at no cost to the Licensee. However, the City does not guarantee that power <br /> will be supplied to the Equipment in the event of failure of electric power at the Premises. <br /> Under no circumstances shall the City be liable to the Licensee for any damages claimed <br /> due to loss of electric power necessary to operate the Equipment. <br /> 2 <br />