1993-115-RES WHEREAS, the Police and Court Building, 811 Bonham Street must be connected with the AS 400

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Upon a.~y tcrmina:ion or ca.~cdlation of lhis Agreement, in whole or;n p"<J1, (a) City will pay all monies owe.:! Ul TU Elcctric under this Agreement; and (b) all applicab!.:: provision. of this As=menl relating to City's COntL~uing obligations under lhis Agreemcnt will survive lamination CltCCpt as olher\l,'j~ provided herein, Section 9. AJ\'NUAL RENTAL FOR EQUIPMENT ON DISTRIBliTION POLES. 9.1. Annual 'Reo",} Payment, In each calendar year during the tr:.rm of this Agreement, City will make an annual rental payment Ul TO Electric. During Lie month of January of tacit year. TU Electric ....ill submit an invoice to City designating the rental payment due. Those invoices willl>e paid in accordance with thc provisions of Section 9.9. 9.2, Rental 'Rate. The annual rental payment willl>e cqualto the sum of Four Dollars and Thirty Cenl:S (S4.30) times the number or Distribution Poles on whic.i the Equipment is aJ:tu:hed on January 1 of the calendar year for which thc annual rental payment is being paid, . as cletcrnlincd from the perpe:ual inventories maintained by the Pa.-ties pursuant to Section 9.6 , 9,3. Pro Ration, Tne a.~nual rental payment will, for any cale.'ldar year in which construction pursU2!lt to any Permit Application is completed, I>e prorated from the dale of completion of construction pUTOlWlt to eac.i Permit Application to the next D=mber 31 fonowing that completion by multiplying the applicable rClltal TAle by a fraction, the numW'alOr of which will be Lie number of months (roundod to the nearest whole month) l>c:tween the dl.1l: of completion and the next December 31 and the dc.~ominaUlr of which will be twelve,(12). 9.4. Adjustments 10 Rental 'Rate<, The rental rates set fonh in Section 9.2 willl>e adjusted for eacl1 calendar year beginning with 1994 by a."llOllnt{s) equal to the caJouiated pc:rcentage of change in the Handy Whitman Inda, for Account 364, usmg the Region 4-ligure for the twelve-month period ending July of the )'car immediately p=eding the year with respect to whiJ:h the re.,tal rate is to be adjusted; provided, however, that 1.'1: rental Ta:e will nc:ver I>e less th21l FoU1' Dollars and Thir:y Cenu ($4.30) per pole per year, 9.S. No ,J.diu<lment to the Annual Renl2l Paymenl. The rental payment specified by Section 9.2 will not be adjusted during a.:y caJe.'ldar year due to City's atla.chmcot, replacement, removal. reio.:ctio.'l or modificc.tioo of Equipme:n on any Distribution Pole dur'~~g tha1 )'car. 9.6. Cor-mil.tion 0' Permit A;ml;ca:i"n~ a."ld ,,"nn=: ?e=hl~ TnveT110ne<' 10int PhTSi~l Tnw-.ction. TV Electric will maintain a pe:pc:tuaJ compilation of thc Penna Applications a.~d notices submitted to it by Ci:y pursuant to Sections 6 and 8. City and TU E!cctric will jointly maintain perpetual inventories of Lie Equipment on Distribution Poles and the Distribution Poles on which Equipment is attached, These inventories will be based upon the joint physieaJ insl'C"tions specified in this Section 9.6 And thc compilation of Pennit Applications and notices required by this Section 9,6. Every five (5) yW's, al a time designated by ro Electric. the Panies shall conduct a joint ph)'sicaJ inspection of the Equipment atached to DistIibution Poles and the DisL-ibulion Poles to which it is attached, Each joint physical inspection wjjJ be made in a r.J2JllleT agreeable to both Par.ies. Such insr-:ctions shall not opc::zIe to rcli~'c Ci~' of any responsibility, o':lli~arion or liability provided for under this A6f="Tle:l1. 8 "