|
��114�4��
<br />during the Agreement Term and (i) shall not grant any other provider rights to use the Internal
<br />shall prohibit other providers from using the same.
<br />Without limiting Operator's exclusive rights to use Internal Wiring and its Equipment, shou
<br />antenna, or signal amplification system or (B) any Owner modification, relocation of, and/or wor
<br />Wiring interfere with the provision of Operator's Services, Owner shall eliminate such interferer
<br />In the event (i) installation, repair, maintenance, or proper operation of the Equipment, an
<br />provision of the Services is not possible at any time as a result of interference, obstruction, or ott
<br />caused by Operator, or (ii) such interference, obstruction, or other condition (or the cause th
<br />negative consequences to Operator's personnel safety or the Equipment, as Operator may dete;
<br />discretion, Operator may terminate this Ageement without liability upon written notice to Owner.
<br />3. Owner represents and wanants that it is the legal owner of and the holder of fee title to the
<br />has the authority to execute this Agreement. The person signing this Agreement represents a
<br />he/she is Owner's authorized agent with full authority to bind Owner hereto. If any one or more
<br />of this Agreement are found to be invalid or unenforceable, such invalid provision shall be s
<br />Agreement, and the remaining provisions of this Agreement will remain in effect without further
<br />4. In the event of a default by a party hereunder in addition to rights available at law or in
<br />defaulting party may (i) terminate the Agreement after 30 days prior written notice, unless the oth
<br />commences to cure such breach during such 30-day period and diligently proceeds with such
<br />commercially reasonable efforts). Neither party shall be liable to the other party for any delay
<br />perform any obligation under this Agreement if such delay or failure is caused by the occurrer
<br />beyond such party's reasonable control.
<br />5. Each party shall indemnify, defend and hold harmless the other against all liability, claims, los
<br />expenses (collectively, "Liability"), but only to the extent that such Liability arises from any ne
<br />misconduct, breach of this Agreement, or violation of a third party's rights or applicable law �
<br />party from whom indemnity is sought. Each parly seeking such indemnification shall use rea
<br />promptly notify the other of any situation giving rise to an indemnification obligation hereunder,
<br />shall enter into a settlement that imposes liability on the other without the other party's consent, �
<br />unreasonably withheld.
<br />and (ii)
<br />either (A) an
<br />on the Internal
<br />e immediately.
<br />'or unhindered
<br />r condition not
<br />eofj will have
<br />iine in its sole
<br />emises; that it
<br />warrants that
<br />the provisions
<br />;red from this
<br />uity, the non-
<br />party cures or
<br />re (exercising
<br />• its failure to
<br />of any event
<br />�, damages and
<br />gent or willful
<br />the part of the
<br />�able efforts to
<br />d neither party
<br />'ch shall not be
<br />6. Notwithstanding anything to the contrary stated hereunder, Operator will not be liable for any i direct, 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
<br />acknowledgments.
<br />OPERATOR
<br />CC VIII Operating, LLC
<br />By: Charter Communicatio Inc., its Manager
<br />By: C� -
<br />Printed Name: Melissa A. Morris
<br />Title: V /GM
<br />Date: �A, �
<br />OWNER
<br />Woodland Park Townhomes, LLC
<br />By: 19 • `�
<br />Printed Name: ,,,P� � �r nP� �I �� P
<br />Title:_ �'•��'r,a,�,� �
<br />�?!Q
<br />respective
<br />o7/so/os 2
<br />
|