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�oioo82�s <br />boxes, electronics, active camponents, and exterior 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 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 Internal Wiring and its Equipment, should either (A) an <br />antenna, 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 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� will have <br />negative cansequences to Operator's personnel safety or the �quipment, as �peratar may determine in its sole <br />discretian, Operatar may terminate this Agreement without liability upon written 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 authority to execute this Agreement. The person signing this Agrsement 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 or unenforceable, such invalid provision shall be severed from this <br />Agreement, and the remaining provisions of this Agreement will remain in effect without further impairment. <br />4, ln the event of a default by a party hereunder in addition to 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 ta 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 ths accurrence of any event <br />beyond such party's reasonable control, <br />5. Each parCy shall indemnify, defend and hold harmless the other against all liability, claims, losses, damages and <br />expenses (coll�ctively, "Liability"), but only ta the extent that such Liability arises from 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 saught. 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 withaut the other party's consent, which shall not be <br />unreasonably withheld. <br />b. Natwithstanding anything to the contrary stated hereunder, Operatar will not be liable for any indirect, special, <br />incidental, punitive or consequential damages, including, but not limited ta, 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 Cam�r <br />By: Chart�e�Ci <br />�y:_ <br />Printed <br />OWNER <br />LLC Hall ounty H ' g Authority <br />, Inc.�, 'it . <br />n By. <br />Printed Name: ^ � �'�C <br />• Mana er Title: ..� l�Y I�G <br />� "a Date:_ (�a-7�- Ic� <br />Rev 07/30/08 � <br />