|
�oious3i�
<br />during the Agreement Term and (i) shall not grant any other provider rights to use the Tnternal 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 EquipmenC, andlor 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 Operatar's personnel safety or the Equipment, as Qperator may determine in its sale
<br />discretion, Operator may terrninate this Agreement without liability upon written notice to �wner,
<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 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 />of this Agreement are faund to be invalid or unenforceable, such invalid provision shall be severed frvm this
<br />Agreement, and the remaining provisions of this Agreement will remain irt effect without further impairtnent.
<br />4. In the event of a default by a party hereunder in additian 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 parry cures ar
<br />commences to cure such breach during such 30-day periad 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 ar 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 harmisss the other 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 />miscanduct, 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 sought. �ach 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 party's consent, which shall not be
<br />unreasonably withheld.
<br />G. 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 Communications VI, I,LC
<br />By: Charter Communicatio Inc., its Manager
<br />B ���
<br />��
<br />Printed Name: Melissa A. Morrix
<br />Title: VP/General Mana er
<br />�ate: 1�� I o 1 u
<br />OWNER
<br />Grandview Apartments LTD
<br />: �,� ., �. _ u1�l.�1 �.!.i
<br />� - . .. ,. - - . . :,r.�r.��
<br />C / t � ( �f /� � � � � ��
<br />�. - • � � --
<br />- - Rcv 07/30/0$ �
<br />
|