§ 2. Term and termination.  

Latest version.
  • 2.1

    Term. This Franchise Agreement shall be effective from the effective date for ten (10) years thereafter. Thereafter, this Agreement shall automatically renew for three (3) additional consecutive five (5) year terms unless Wildflower notifies the City of its intent to terminate the Agreement or unless the City notifies Wildflower of its intent to renegotiate terms due to changes in local, state or federal law and/or the City has negotiated different terms with similarly situated entities. But, in no event, shall the City be permitted to terminate Wildflower's right under this Agreement to place Facilities in the ROW unless terms of the Agreement are breached and/or local, state, or federal law permit.


    90-Day Remedy Period. If the Agreement is breached by Wildflower, then Wildflower shall have no more than ninety (90) days from written notice of the breach to either remedy the breach or remove its equipment and restore the Facilities, as set forth in Section 3, below and in the Wichita-Sedgwick County Metropolitan Area Planning Department Wireless Ordinance. Wildflower shall pay to City a prorated Rent and Additional Rent (if any) for any period beyond the effective expiration or revocation date until Wildflower completes its obligation to remove its equipment and restore the locations.


    Termination of Use. Notwithstanding Section 2.1 above, Wildflower may terminate its use of any or all of the Network by providing the City with ninety (90) days prior written notice. In the event of any such termination, Wildflower's payment obligations to the City shall terminate simultaneously with the termination of use, provided Wildflower removes its equipment and restores the Facilities, as set forth in Section 3, below and in the Wireless Ordinance, prior to the termination date.