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201008318
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Last modified
1/11/2011 2:24:16 PM
Creation date
11/8/2010 3:35:36 PM
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DEEDS
Inst Number
201008318
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RECORDING REQUESTED BY AND � � �� � U 8 3 1� <br />WHEN RECORDED MAIL TO: I <br />Attn: Pamela Re ina <br />Address: 2 Di�ital Place � <br />Simpsonville, SC 29681 _� <br />Parcel ID# 40001821 � <br />Above for recorders use only <br />NONEXCLUSIVE INSTALLATION AND SERVICE AGREEMENT <br />This Installation and Distribution Agreement ("Agreement") between Charter Communications T�I, LLC <br />("Operator") and Granclview Apartments LTD ("Owner") is dated this 21 st day of _Seutember� 2010 _ <br />("Effective Date"). Capitalized terms used in this Agreement shall have the sarne meaning as specified in the <br />"Basic Informatian" sectian below, <br />BASIC INFORMATION <br />Premises (or Property) (further described in Exhibit A); <br />1'remises Name: Grandview Apartments Number of iJnits: l OG <br />Street Address: 3423 Kelley St. <br />Ci /State/Zi : Grand Island, N� 68801 <br />Agreement Term: The period starting on the Start Date and ending on the Expiration Date. Th� <br />Agreement Term shall automatically be renewed for additional successive terms of 1 years unless either <br />party provides written notice of termination not less than 6 months prior to the end of the Agreement Term <br />then in effect. <br />Start Date: Se tember 21 2010 Ex iration Date: Se tember 20 2015 <br />Services; Services shall mean all lawful communications services (including video/cable services) that <br />O erator ma rovide. <br />Equipment: All above-ground and underground caaxial cables, fiber, internal wiring, conduit, electronics <br />and/or any other equipment or facilities necessary for, installed by, and/ar used by Operator (or its <br />predecessor(s)-in-interest) to pravide the Services. The Equipment extends from the external boundary lines of <br />the Premises u to and includin the outlets in each unit. <br />1. Grant. In consideration of the mutual promises and other consideration set forth herein, the sufficiency of <br />which is hereby acknowledged, Owner grants Operator the right (including ingress and egress) to install, operate, <br />improve, remove, repair and/or maintain its Equipment within the Premises. Upon termination of this Agreement, <br />Operator shall have the right to remove its Equipment, as applicable, provided that any Equipment that Operator <br />does not remove within 9D days of such termination, shall be deemed abandoned and become the property of the <br />Owner. This Agreement may be recorded. This rights granted hereunder shall run with the land and shall bind and <br />inure ta the benefit of the parties and their respective successors and assigns. <br />2. Services; Equiprnent, Operator shall have the (i) nonexclusive right to offer and (ii) exclusive right to market <br />the Services to residents of the Premises. Operator will install, maintain, and/or operate the Equipment in <br />accordance with applicable law. The Equipment shall always be owned by and constitute the personal property of <br />the Operator, except that from the Effective Date, the internal wiring located within any building, which includes <br />"cable home wiring" and "home run wiring" (the "Internal Wiring") and, without limitation, excludes set-top <br />boxes, electronics, active components, 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 />' The terms "cable home wiring and "home run wiring" are defined at 47 CFR §§ 76.5(11) and 76.800(d), <br />Rev 07/30/08 <br />
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