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7.B. SWCSR 05-06-2010
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7.B. SWCSR 05-06-2010
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City Government
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SWCSR
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5/6/2010
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• Section 7.7 Entire Agreement. <br /> This Franchise sets forth the entire agreement between the parties respecting <br /> the subject matter hereof. All agreements, covenants, representations, and <br /> warranties, express and implied, oral and written, of the parties with regard to the <br /> subject matter hereof are contained herein. No other agreements, covenants, <br /> representations or warranties, express or implied, oral or written, have been <br /> made by any party to another with respect to the matter of this Franchise. All <br /> prior and contemporaneous conversations, negotiations, possible and alleged <br /> agreements, representations, covenants and warranties with respect to the <br /> subject matter hereof are waived, merged herein and therein and are <br /> superseded hereby and thereby. <br /> SECTION 8. ACCEPTANCE OF FRANCHISE <br /> Section 8.1 Publication and Effective Date. <br /> This Franchise will be effective on the date of acceptance by FiberNet. This <br /> Franchise shall be enacted and published in accordance with applicable local <br /> and Minnesota law. <br /> Section 8.2 Time for Acceptance. <br /> • a. FiberNet must accept this Franchise within sixty (60) days of <br /> enactment by the City, unless the time for acceptance is extended by the City. <br /> Acceptance by FiberNet will be deemed the grant of this Franchise for all <br /> purposes. <br /> b. Upon acceptance of this Franchise, FiberNet and City will be bound by <br /> all the terms, conditions and obligations contained herein. <br /> Section 8.3 Manner for Acceptance. <br /> FiberNet must accept this Franchise in the following manner: <br /> a. The Franchise must be fully executed and acknowledged by FiberNet <br /> and delivered to the City. <br /> b. FiberNet must also deliver any construction bond and insurance <br /> certificates required herein that have not previously been delivered, with its <br /> acceptance. <br /> Section 8.4 Failure to Accept. <br /> In the event FiberNet does not timely accept this Franchise in accordance with <br /> the requirements herein, this Franchise and all rights granted herein are null and <br /> void. <br /> • <br /> City of Monticello Ordinance 514 11 <br />
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