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� 2oioos244 <br />boxes, electronics, active components, and exterior �quipment, shall be deemed ta be owned by and constitute the <br />personal property of the Own�r. 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 to use the Internal Wiring and (ii) <br />shall prohibit other providers from using the same. <br />Without limiting Qperator's exclusive rights to use Internal Wiring and its Equipment, should either (A) an <br />antenna, ar signal ampli�cation system or (B) any Qwner modification, relocation of, and/or work on the Internal <br />Wiring interfere with the provision of Operator's Services, Owner shall elirninate such interference immediately. <br />In the event (i) installation, repair, maintenance, or praper operation of the Equipmen#, and/ar unhindered <br />provision of the Services is not possible at any tirne as a result of interference, obstructian, or other condition not <br />caused by �perator, or (ii) such intsrference, obstruction, or other condition (or the cause thereofl will have <br />negative consequences to Operator's persnnnel safety or the Equipment, as Operator may determine in its sale <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 qf and the holder of fee title to the Premises; that it <br />has the authority to execute this Agreement. The person signing this Agreement represents and warrants that <br />he/she is Owner's autharized agent with full authority ta bind Owner hereto. If any one or more of the provisions <br />af this Agreement are found ta be invalid or unenforceable, such invalid provision shall be severed fram this <br />Agreement, and the remaining provisions of this Agreement will remain in effect without further impairment. <br />4, In the event of a default by a party hereunder in addition ta rights available at law or 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 to 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 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 other against all liability, claims, losses, damages and <br />expenses (collectively, "Liability"), but only to the extent that such Liability arises fram any negligent or willful <br />misconduct, breach of this Agreement, or violation of a third party's rights ar 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 situation giving rise ta an indemnification obligation hereunder, and neither party <br />shall enter into a settlement that imposes 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, damages based on 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 />OPERATOR <br />Charter Camrr <br />By: Char�r G <br />By:_ <br />Printed <br />Date: <br />, LLC <br />s, Ir�c., its Manager <br />�W�, $y. �. <br />e Printed Name: <br />�ral M er Title; j � <br />� Date:�� <br />OWNER <br />Hall County ing Authority <br />� <br />h L u2� <br />cd " P " r.- ( <br />�- -1�] <br />Rev 07/30/�8 � <br />