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201008243
<br />boxes, electronics, active components, and exterior Equipment, shall be deemed to be owned by and constitute the
<br />personal property of th� Owner. Owner hereby grants ta Operator the exclusive right to use the Internal Wirir►g
<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 lnternal Wiring and its Equipment, should either (A) an
<br />antenna, or signal amplificatian system ar (B) any Owner rnodification, relocatian of, and/or work on the Internal
<br />Wiring interfere with the provision 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/ar unhindered
<br />provision of the Services is not possible at any time as a result of interference, obstruction, or pther condition not
<br />caused by �peratar, ar (ii) such interference, obstruction, or other condition (or the cause thereo� 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 wa,rrants that it is the legal owner of and the holder of fee title to the Premises; that it
<br />has the authority to execute this Agreement. The persan signing this Agreement represents and warrants that
<br />he/she is Owner's authorized agent with full autharity to bind Owner hereto, If any one or more of the provisions
<br />of this Agreement are found to be invalid or unenforceable, such ipvalid provisian shall be severed from this
<br />Agreement, and the remaining, provisians of this Agreement will remain in effect withaut further impairment.
<br />4, In the event of a default by a party hereunder in addition to rights available at law ar in equity, the non-
<br />defaulting party may (i) terminate the Agreement after 30 days prior written notice, unless the other party cures or
<br />commences ta cure such breach during such 30-day period 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 obligati�n under this Agreement if such delay or failure is caused by the occurrence of any event
<br />beyond such party's reasonable control,
<br />S. Each party shall indemnify, defend and hold harmless the other against all liability, clainns, losses, damages and
<br />expenses (collectively, "Liability"), but only to th� extent that such Liability arises fram any negligent or willful
<br />misconduct, breach vf this Agreement, or violation of a third party's rights or applicable law on the part af 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 imposes liability on the other without the other pariy's consent, which shall r►ot be
<br />unreasonably withheld.
<br />6. Notwithstanding anything to the cantrary stated hereunder, Operator will not be liable for any indirect, special,
<br />incidental, punitive or consequential damages, including, but not limited to, damages based on loss of service,
<br />revenues, profits or busin�ss opportunitiss.
<br />IN WITNESS WHEREO�, the parties have set their hands on the date indicated in their respective
<br />acknowledgments.
<br />OPERATOR
<br />Charter Comrr
<br />By: Cha�tgr G
<br />sy: �.
<br />Printed Name
<br />Title; Vice
<br />LLC
<br />\�
<br />OWNER
<br />Hall County ous:
<br />, its Manager
<br />`�J By;
<br />Printed Name: , �--
<br />ana Title:
<br />Date:
<br />Authority
<br />Rev 07/30/OS �
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