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200904424
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Last modified
6/4/2009 4:23:48 PM
Creation date
6/4/2009 4:12:45 PM
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DEEDS
Inst Number
200904424
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RECORDING REQUESTED BY AND ~ <br />WHEN RECORDED MAIL TO: ~ <br />Charter Communications ~ <br />Attn: ~ <br />Address; I <br />200904424 <br />Above fox recorders use only <br />NONEXCLUSIVE INSTALLATION AND SERVICE AGREEMENT <br />~~ -G <br />This Installation and Distribution Agreement ("Agreement") between Charter Communications VI LLC <br />("Operator") and Ater-McDermott ("Sole Proprietorship") is dated this 16" day of February, 2009 <br />("Effective Date"). Capitalized terms used in this Agreement shall have the same meaning as specified in the <br />"Basic Information" section below. <br />BASIC INFORMATION <br />Premises (or Property) (further described in Exhibit A): <br />Premises Name: Marks Mobile Home Park Number of Units: 52 <br />Street Address: 1606 S Lincoln <br />Ci /State/Zi Grand Island NE 6880] <br />Agreement Term: The period starting on the Start Date and ending on the Expiration Date. The <br />Agreement Term shall automatically be renewed far additional successive terms of 3 years unless either party <br />provides written notice of termination not less than 6 months prior to the end of the Agreement Term then in <br />effect. <br />Start Date: Februa 16 2009 Ex iration Date: Februar 15 2017 <br />Services: Services shall mean all lawful communications services (including video/cable services) that <br />O erator ma rovide. <br />Equipment: All above-ground and underground coaxial cables, fiber, internal wiring, conduit, electronics <br />and/or any other equipment or facilities necessary for, installed by, and/or used by Operator (or its <br />predecessor(s)-in-interest) to provide the Services. The Equipment extends from the external boundary lines of <br />the Premises u to and includin the outlets in each unit. <br />1. Grant. In consideration of the mutual promises and other consideration set forth herein, the sufficiency of <br />which is hereby acknowledged, Uwner grants Operator the right (including ingress and egress) to install, operate, <br />improve, remove, repair and/or maintain its Equipment within the Premises. Upon termination of this Agreement, <br />Operator shall have the right to remove its Equipment, as applicable, provided that any Equipment that Operator <br />does not remove within 90 days of such termination, shall be deemed abandoned and become the property of the <br />Owner. This Agreement may be recorded. 'this rights granted hereunder shall run with the land and shall bind and <br />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 market <br />the Services to residents of the Premises. Operator will install, maintain, and/or operate the Equipment in <br />accordance with applicable law. The Equipment shall always be owned by and constitute the personal property of <br />the Operator, except that from the Effective Date, the internal wiring located within any building, which includes <br />"cable home wiring" and "home run wiring"1 (the "Internal Wiring") and, without limitation, excludes set-tap <br />boxes, electronics, active components, and exterior Equipment, shall be deemed to be owned by and constitute the <br />personal property of the Owner. Owner hereby grants to Operator the exclusive right to use the Internal Wiring <br />~ The terms "cable home wiring and "home run wiring" are defined at 47 CFR §¢ 76.5(11) and 76.800(d). <br />12ev 07/30/08 <br />
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