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<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 �rants ta Qperator the exclusive right to use the Internal Wiring
<br />during the Agreement Term and (i) shall not grant any other provider rights to use the Internal Wiring and (ii)
<br />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 Internal
<br />Wiring interfere with the provision af Operatar's Services, (Jwner shall eliminate such interference immediately.
<br />In the event (i) installation, repair, maintenance, or praper operatian of the Equiprnent, and/or unhindered
<br />provision af the Services is not possible at any time as a result of interference, obstruction, or other canditian nat
<br />caused by �perator, or (ii) such interference, obstruction, or other condition (or the cause thereof� will have
<br />negative consequences to Operator's personnel safety or the Equipment, as Operator may determine in its sole
<br />discretion, Operator may terminate this Agreement without liability upon written notice to Owner.
<br />3. Owner represents and warrants that it is the legal owner of and the holder of fee title to the Prernises; that it
<br />has the authority to axecute this Agreement. The person signing this Agreement represents and warrants that
<br />he/she is Owner's authorized agent with full authority to bind Owner hereto. lf any one or more of the provisions
<br />of this Agreement are found to be invalid or unenforceable, such invalid provision shall be severed from this
<br />Agreement, and the remaining provisions of this Agreement will remain in effect without further impairment.
<br />4. In the event af a default by a party hereunder in addition to rights available at law or in equity, the non-
<br />defaultin� party may (i) terminate the Agreement after 30 days prior written notice, unless the other pariy cures or
<br />commences to cure such bareach during such 30-day periad and diligently proceeds with such cure (exercising
<br />corr►mercially reasonable efforts). Neither party shall be liable to the other party for any delay or its failure to
<br />perform any obligation under this Agreement if such delay or failure is caused by the occurrence of any event
<br />beyond such party's reasonable control.
<br />5. Each party shall indemnify, defend and hold harmless the okher against all liability, claims, losses, damages and
<br />expenses (collectively, "Liability"), but only to the extent that such Liability arises from any negligent or willful
<br />misconduct, breach af this Agreement, or violation of a third party's rights or applicable law on the part of the
<br />party from whom indemnity is sought. Each party seeking such indemnification shall use reasonable efforts to
<br />prornptly notify the other of any situatian giving rise ta an indemnification obligatian hereunder, and neither party
<br />shall enter into a settlement that impases liability on the other without the other party's consent, which shall not be
<br />unreasonably withheld.
<br />6. Notwithstanding anything to the contrary stated hereunder, Operator will not be liable for any indirect, special,
<br />incidental, punitive or consequential damages, including, but not limited ta, damages based on loss of service,
<br />revenues, profits or business oppartunities.
<br />IN WITNESS WHEREOF, the parties have set their hands on the date indicated in their respective
<br />acknnwledgments.
<br />OPERA.TOR
<br />Charter Camrr
<br />By: Charte��
<br />� `
<br />Frinted Name:
<br />Title: Vice ]
<br />Date:
<br />VI, LLC
<br />at , Inc., its Manager
<br />1�
<br />By:��
<br />Printed Narr�e
<br />Title:��
<br />Date:
<br />OWNER
<br />Hall County Hous
<br />1 • I �;
<br />�
<br />Authority
<br />�
<br />'�
<br />Rev 07/30/08 �
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