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201507500
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Last modified
11/2/2015 2:41:03 PM
Creation date
11/2/2015 2:41:03 PM
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DEEDS
Inst Number
201507500
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Agreement Term: The period starting on the Start Date and ending on the Expiration Date. The <br />Agreement Term shall automatically be renewed for additional successive terms of 1 year(s) unless <br />either party provides written notice of termination not less than 6 months prior to the end of the <br />Agreement Term then in effect. <br />Start Date: Se 10 2015 Expiration Date: Se.tember 9 2020 <br />Services: Services shall mean all lawful communications services (including video /cable <br />services) that Operator may provide. <br />Equipment: All above - ground and underground coaxial cables, fiber, internal wiring, conduit, <br />electronics and/or any other equipment or facilities necessary for, installed by, and /or used by <br />Operator (or its predecessor(s) -in- interest) to provide the Services. The Equipment extends from <br />the external boundary lines of the Premises up to and including the outlets in each unit. <br />The terms "cable home wiring and "home run wiring" are defined at 47 CFR §§ 76.5(11) and 76.800(d). <br />201507500 <br />1. Grant. In consideration of the mutual promises and other consideration set forth herein, the <br />sufficiency of which is hereby acknowledged, Owner grants Operator the right (including ingress <br />and egress) to install, operate, improve, remove, repair and /or maintain its Equipment within the <br />Premises (including without limitation any buildings constructed on the Premises hereafter). <br />Upon termination of this Agreement, Operator shall have the right to remove its Equipment <br />(excluding internal wiring), as applicable, provided that any Equipment that Operator does not <br />remove within 90 days of such termination, shall be deemed abandoned and become the property <br />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 <br />assigns. <br />2. Services; Equipment. Operator shall have the (i) nonexclusive right to offer and (ii) exclusive <br />right to market the Services to residents of the Premises. Operator will install, maintain, and/or <br />operate the Equipment in accordance with applicable law. The Equipment shall always be owned <br />by and constitute the personal property of the Operator, except that from the Effective Date, the <br />internal wiring located within any building, which includes "cable home wiring" and "home run <br />wiring" 1 (the "Internal Wiring ") and, without limitation, excludes set -top boxes, electronics, active <br />components, and exterior Equipment, shall be deemed to be owned by and constitute the personal <br />property of the Owner. Owner hereby grants to Operator the exclusive right to use the Internal <br />Wiring during the Agreement Term and (i) shall not grant any other provider rights to use the <br />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 <br />either (A) an antenna, or signal amplification system or (B) any Owner modification, relocation <br />of, and/or work on the Internal Wiring interfere with the provision of Operator's Services, Owner <br />shall eliminate such interference immediately. In the event (i) installation, repair, maintenance, or <br />proper operation of the Equipment, and/or unhindered provision of the Services is not possible at <br />any time as a result of interference, obstruction, or other condition not caused by Operator, or (ii) <br />such interference, obstruction, or other condition (or the cause thereof) will have negative <br />2 Rev02/15/11 <br />
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