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<br />boxes, electronics, active components, and exterior Equipment, shall be deemed to be awned by and constitute the
<br />personal property of the Owner. Owner hereby grants to �perator 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 Wiriang and (ii)
<br />shall prohibit other providers from using the same.
<br />Without lirniting Operator's exclusive rights ta use Internal Wiring and its Equipment, should either (A) an
<br />antenna, or signal ampli�cation system or (B) any Owner modification, relocation of, and/or work on the Internal
<br />Wiring interfere with the provisian of Operator's Services, Owner shall eliminate such interference immediately.
<br />In the event (i) installation, repair, maintenance, or proper operation of the Equipment, and/or unhindered
<br />provision of the Services 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 consequences to Operatar's personnel safety or the �quipment, 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 awner of and the holder of fee title to the Premises; that it
<br />has the authority ta execute this Agreement. The person signing this A�;reernent represents and warrants that
<br />he/she is Owner's authorized agent with full authority to bind Owner hereto. If any one ar 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 pravisions of this Agre�ment will remain in effect without further impairment.
<br />4. In the event of a default by a party hereunder in addition to rights available at law or in equity, the nan-
<br />defaulting party may (i) terminate the Agreement after 30 days prior written natice, unless the other party cures or
<br />commences to cure such breach during such 30-day period and dilipently 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 obligatian 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 other against all liability, clairns, losses, damages and
<br />expenses (collectively, "l,iability"), but only to the extent that such Liability arises frorn any negligent or willful
<br />misconduct, breach of 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 />promptly notify the other of any situation giving rise to an indemnification obligation 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 to, darr►ages based on loss af service,
<br />revenues, profits ar business opportunities.
<br />IN WITNESS WHEREOF, the parties have set their hands on the date indicated in their respective
<br />acknowledgments.
<br />OPERATOR
<br />Charter Comrr
<br />By: Char�r G
<br />B ` ""
<br />Printed Name ohn
<br />Title: Vice re 'd
<br />Date:
<br />VI, LLC
<br />b ns, Inc., its Manager
<br />v
<br />OWNER
<br />Hall County H 'ng Authority
<br />` �.
<br />B
<br />Frinted Name: C �
<br />Title: �' ` ( C
<br />Date: - �— I D
<br />Rev 07/30/08 �
<br />
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