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201505244
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Last modified
11/5/2015 9:11:32 PM
Creation date
8/3/2015 1:48:29 PM
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DEEDS
Inst Number
201505244
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201505241 <br />Operator shall have the right to remove its Equipment, as applicable, provided that any Equipment that <br />Operator does not remove within 90 days of such termination, shall be deemed abandoned and become the <br />property of the Owner. This Agreement may be recorded. The rights granted hereunder shall run with the <br />land and shall bind and inure to the benefit of the parties and their respective successors and assigns. <br />2. Services; Equipment. Operator shall have the (i) nonexclusive right to offer and (ii) exclusive right to <br />market the Services to residents of the Premises. Operator will install, maintain, and/or operate the <br />Equipment in accordance with applicable law. The Equipment shall always be owned by and constitute the <br />personal property of the Operator, except that from the Effective Date, the internal wiring located within <br />any building, which includes "cable home wiring" and "home run wiring "' (the "Internal Wiring ") and, <br />without limitation, excludes set -top boxes, electronics, active components, and exterior Equipment, shall be <br />deemed to be owned by and constitute the personal property of the Owner. Owner hereby grants to Operator <br />the exclusive right to use the Internal Wiring during the Agreement Term and (i) shall not grant any other <br />provider rights to use the Internal Wiring and (ii) shall prohibit other providers from using the same. <br />Without limiting Operator's exclusive rights to use Internal Wiring and its Equipment, should either (A) an <br />antenna, or signal amplification system or (B) any Owner modification, relocation of, and/or work on the <br />Internal Wiring interfere with the provision of Operator's Services, Owner shall eliminate such interference <br />immediately. In the event (i) installation, repair, maintenance, or proper operation of the Equipment, and/or <br />unhindered provision of the Services is not possible at any time as a result of interference, obstruction, or <br />other condition not caused by Operator, or (ii) such interference, obstruction, or other condition (or the <br />cause thereof) will have negative consequences to Operator's personnel safety or the Equipment, as <br />Operator may determine in its sole discretion, Operator may terminate this Agreement without liability upon <br />written notice to Owner. <br />3. Marketing Privileges. Operator shall have the exclusive right to promote the Services on the Premises <br />by means of distribution of advertising materials, contacts, demonstrations of services, and direct sales <br />presentations. Owner shall cooperate with Operator in all such promotions on an exclusive basis (including, <br />without limitation, supplying, at Operator's request, current lists of the mailing addresses of the residents of <br />the Property and allowing, at Operator's request, the display of advertising materials in common areas of the <br />Property). Operator shall at all times conduct such promotional activities at reasonable times and in <br />accordance with any applicable municipal ordinance. Owner shall use reasonable efforts to make available <br />in the clubhouse or rental office or other similar location all current marketing publications pertaining to the <br />Services, if such publications are provided to Owner by Operator and approved by Owner, such approval not <br />to be unreasonably withheld or delayed, and Owner shall not permit the distribution or publication of <br />marketing materials promoting alternative competitive services offered by other providers. <br />4. Assignment. This Agreement shall be binding upon the parties and their respective successors, <br />transferees, and assigns and, in the case of Owner (and its successors, transferees and assigns) shall also be <br />binding upon any managing agent or homeowners association or other authorized representative duly <br />empowered to act on behalf of Owner. This Agreement may be assigned by either party without the consent <br />of the other party. An assignment by Owner shall not be valid hereunder nor release Owner from any <br />obligations arising after such assignment unless and until the assignee in any such transaction assumes this <br />Agreement in writing and Owner provides Operator with a copy of such written assumption by the <br />transferee. <br />5. Representations and Warranties. Owner represents and warrants that it is the legal owner of and the <br />holder of fee title to the Premises; that it has the authority to execute this Agreement. The person signing <br />this Agreement represents and warrants that he /she is Owner's authorized agent with full authority to bind <br />Owner hereto. If any one or more of the provisions of this Agreement are found to be invalid or <br />The terms "cable home wiring and "home run wiring" are defined at 47 CFR §§ 76.5(11) and 76.800(d). <br />21 ag <br />
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