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2013-030
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2013-030
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Last modified
10/27/2015 1:40:31 PM
Creation date
10/1/2015 5:08:12 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/12/2013
Control Number
2013-030
Agenda Item Number
8.E.
Entity Name
AT&T Mobility LLC
Subject
Frequency Relocation Agreement
Supplemental fields
SmeadsoftID
11744
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INTERRUPTION TO EITHER PARTY'S BUSINESS, OF ANY NATURE <br /> WHATSOEVER ARISING OUT OF OR RELATED TO ACTIONS TAKEN OR <br /> OMISSIONS OF SUCH PARTY IN CONNECTION WITH THIS AGREEMENT, EVEN <br /> IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH <br /> DAMAGES , ' <br /> 14. Termination. <br /> 14. 1 Either Party may terminate this Agreement upon 30 days written notice if the other Party , <br /> materially breaches any term or condition of this Agreement, provided that the breaching <br /> Party has not cured the breach within such 30 day period. <br /> 14. 2 Upon written notice to Incumbent, AT&T MOBILITY may suspend for no longer than <br /> 180 days, or terminate this Agreement, upon the entry of an order of the FCC resulting in <br /> AT&T MOBILITY ' s loss of or substantial modification of its authority to construct or <br /> operate its system within the Market. In order to suspend this Agreement, AT&T <br /> MOBILITY shall provide written notice to Incumbent to cease the Decommissioning of <br /> the facilities and the Decommission Date shall be tolled for the duration of the <br /> suspension. <br /> 14. 3 Upon written notice to Incumbent, AT&T MOBILITY may terminate this Agreement if <br /> there is a material change in the FCC rules or regulations governing microwave relocation <br /> or the issuance of a court order affecting microwave relocation. <br /> 15 . Release . Performance by AT&T MOBILITY of its obligations under this Agreement shall <br /> constitute full and complete satisfaction of any and all obligations and liabilities of AT&T <br /> MOBILITY to Incumbent regarding the Decommissioning of the Licensed Frequencies . <br /> Provided that AT&T MOBILITY has performed its obligations hereunder, Incumbent hereby <br /> releases AT&T MOBILITY from any further obligation, claim, or liability. relating to or arising <br /> from the operation or relinquishment of the Licensed Frequencies, with the exception of the <br /> obligations arising under Section 17 and Section 18 of this Agreement. <br /> t <br /> 16. Notices . Notices to the Parties concerning this Agreement shall be effective upon receipt and <br /> only when in writing and delivered personally, or mailed by , registered or certified mail, return <br /> receipt requested, or by overnight courier delivery, addressed to the authorized representative or <br /> corporate officer of the other Party. <br /> Notices shall be sent as follows : <br /> If to AT&T MOBILITY : With a copy to : <br /> AT&T Services , Inc . AT&T Network Counsel <br /> 1057 Lenox Park Blvd, NE P. O . Box 97061 <br /> Atlanta, GA 30319-5309 Redmond, WA 98073 -9761 <br /> Anne Cathy Addison <br /> If to INDIAN RIVER COUNTY: With a copy to : <br /> 9 <br />
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