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<br />boxes, elactronics, active camponents, and exteriar Equipment, shall be deemed to be owned 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 nat grant any other provider rights to use the Internal Wiring and (ii)
<br />shall prohibit other providers fram using the same.
<br />Without limiting Operator's exclusive rights to use Internal Wiring and its Equipment, should either (A) an
<br />antettna, or signal amplification system or (B) any Owner 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 />ln the event (i) installation, repair, maintenance, ar proper operation of the �quiprnent, and/ar unhindered
<br />provision of the Services is not possible at any time as a result of interference, obsCructian, or other conditian not
<br />caused by Operator, or (ii) such interference, obstruction, or other condition (or the cause therea fl will have
<br />negative consequences to Operator's personnel safety or the �quipment, as Operator may determine in its sole
<br />discretion, Operator may terminate this Agreement without liability upon writCen notice to Owner.
<br />3. Owner represents and warrants that it is the legal owner of and the holder of fee title to the Premises; that it
<br />has the autharity tn execute 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, If any one or more of the provisions
<br />pf this Agreement are found to be invalid or unenforceable, such invalid provision shall be severed from this
<br />Agreement, and the remainittg provisions af 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 or in eyuity, the non-
<br />defaulting pariy may (i) terminate the Agreement after 30 days prior written notice, unless the other pariy cures or
<br />commences to cure such breach during such 30-day periad and diligently praceeds with such cure (exercising
<br />commercially reasonable efforts). Neither party shall be liable to the other party for any delay ar its failure to
<br />perform any obligation under this Ag,reement if such delay or failure is caused by the occurrence of any event
<br />beyond such party's reasonable control.
<br />5. Bach party shall indemnify, defend and hald harmless the ather 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 Agreement, ar violation of a third pariy's rights or applicable law on the part of the
<br />party from whom indemnity is sought. Each party seeking such indernni�cation shall use reasonable efforts to
<br />promptly notify the other of any situatian giving rise to an indemnificatian obligation hereunder, and neither party
<br />shall enter into a settlement that imppses liability on the other withaut the ather party's consent, which shall not be
<br />unreasonably withheld.
<br />6. Notwithstanding anything to the contraay stated hereunder, Operatar 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 Comrt
<br />By: Chart�C�
<br />By: �
<br />Printed Name:
<br />Title; Vice 1
<br />pate:
<br />LLC
<br />Inc. _ its Manager
<br />\ �'
<br />By
<br />Pri
<br />Tit
<br />Da
<br />OWNER
<br />Rev 07/30/08 �
<br />
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