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<br />boxes, electronics, active components, and exterior Equipment, shall be deemed ta be awned by and constitute the
<br />personal property of the Owner. Owner hereby grants to Operator the exclusive right to use the Internal Wiring
<br />during the Agreement Term and (i) shall not grant any other provider rights ta use the Internal Wiring and (ii)
<br />shall prohibit other providers frpm using the same.
<br />Without limiting Operatar's exclusive rights ta use lnternal Wiring and its Equipment, should either (A) an
<br />antenna, or signal amplifrcatian system or (B) any Owner modification, relacation af, and/or work an the Internal
<br />Wiring interfere with the provision of Operator's Services, Owner shall aliminate such interference immediately.
<br />In the event (i) installation, repair, maintenance, or proper operation of the Equipment, and/or unhindered
<br />provision of the S�rvices is not possible at any time as a result of interference, obstruction, or other condition not
<br />caused by Operator, or (ii) such interference, obstruction, or other condition (or the cause thereo fl will have
<br />negative cansequences 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 writken notice to Owner,
<br />3. Owner represents and warrants that it is the legal owner of and th� holder of fee title to the Premises; that it
<br />has the authority to execute this Agreement. Th� person signing this Agreement represents and warrants that
<br />he/she is Owner's authorized agent with full authority to bind Owner hereto. If any one or more of the provisions
<br />of this Agreement are found to be invalid ar unenforceable, such invalid provision shall be severed from this
<br />Agreement, and the remaining pravisions of this Agreement will remain in effect without further impairment.
<br />4. In the event of a default by a pariy hereunder in addition to rights available at law or in equity, the non-
<br />defaulting party may (i) terrninate the Agreement after 30 days prior written notice, unless the other party cures or
<br />commences ta cure such breach during such 30-day peciod and diligently proceeds with such cure (exercising
<br />commercially reasonable efforts). Neither party shall be liable to the other party for any delay or its failure to
<br />perform any obligation undsr 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 other 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 of this Agreerneqt, ar violation of a third party's rights or applicable law on the part of the
<br />party fram whom ittdemnity is sought. Each party s�eking such indemnification shall use reasonable efforts to
<br />promptly notify the other of any situation giving rise ta an indemnification obligation hereunder, and neither party
<br />shall enter inta a settlement that imposes liability on the other without the other party's consent, which shalt 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 to, damages based an loss of service,
<br />revenues, profits or business opportunities.
<br />IN WITNESS WHEREOF, the parties have set their hands on the date indicated in their respective
<br />acknowledgments.
<br />OPERA.TOR
<br />Charter Comrr
<br />By: Charter C�
<br />sy: �
<br />Printed N�
<br />Title: V
<br />Date:
<br />VI, LLC
<br />ons, nc., its Manager
<br />�
<br />�
<br />iwla Printed N
<br />e eral Man er Title;�
<br />J Date:
<br />OWNER
<br />Caunty Hq�t�pg Authority
<br />�
<br />r°� c�1 ��°
<br />. ``l -- � Ca
<br />Rev 07/30/08
<br />2
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