Laserfiche WebLink
�011aE420 <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 sama. <br />Without limiting Operator's exclusive rights to use Interna] Wiring and its Equipmant, shoulc <br />antenna, or signal amplification system or (B) any Owner modification, relocation of, and/or work <br />Wiring interfere with the provision of Operator's Services, Owner shall eliminate such interferenc <br />In the event (i) installation, repair, maintenance, or proper operation of the Equipment, and <br />provision of the Services is not possible at any time as a result of interference, obstruction, or othe <br />caused by Operator, or (ii) such interference, obstruction, or other condition (or the cause the� <br />negative consequences to Operator's personnel safety or the Equipment, as Operator may deterr <br />discretion, Operator may terminate this Agreement without iiability 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 <br />has the authority to execute this Agreement. The person signing this Ageement 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 Ageement are found to be invalid or unenforceable, such invalid provision sha11 be s <br />Agreement, and the remaining provisions of this Ageement 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 Agraement 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, losse <br />expenses (collectively, "Liability"), but only to the extent that such Liability arises from any negl <br />misconduct, breach of this Ageement, or violation of a third party's rights or applicable law on <br />pariy from whom indemnity is sought. Each party seeking such indemnification shalt use reaso� <br />promptly notify the other of any situation giving rise to an indemnifcation obligation hereunder, ac <br />shall enter into a settlement that imposes liability on the other without the other party's consent, wh <br />unreasonably withheld. <br />6. Notwithstanding anything to the contrary stated hereunder, Operator will not be liable for any <br />incidental, punitive or consequential damages, including, but not limited to, damages based on <br />revenues, profits or business opportunities. <br />IN WITNESS WHEREOF, the parties have set their hands on the date indicated in <br />acknowledgments. <br />OPERATQR <br />CC VlllOperating, LLC <br />By: er Communicati ns, c., its Manager <br />B �e <br />Printed Name: Melissa A. Morris <br />Title: VP/GM <br />Date: t <br />OWNER <br />Southlawn Apartments 1 & 2 <br />B <br />Print Name: <br />Title: (/ c� <br />Date: //--i "7-�lU <br />and (ii) <br />either (A) an <br />m the Internal <br />immediately. <br />�r unhindered <br />condition not <br />o fl will have <br />ne in its sole <br />;mises; that it <br />warrants that <br />he 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 />�nt or willful <br />ie part of the <br />ble efforts to <br />neither party <br />1 shall not be <br />ct, special, <br />of service, <br />respective <br />o�/so/os 2 <br />