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2004-062
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2004-062
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Last modified
8/25/2016 1:15:15 PM
Creation date
9/30/2015 7:23:28 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/23/2004
Control Number
2004-062
Agenda Item Number
7.J.
Entity Name
Bellsouth Mobility LLC
Subject
Elevated Water Tank Space License Kings Highway Water Tank
Area
1805 58th Ave.
Archived Roll/Disk#
3209
Supplemental fields
SmeadsoftID
3672
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11 . ASSIGNMENT AND SUBLEASING, <br /> This Agreement may be sold, assigned or transferred at any time by Licensee to Licensee's parent <br /> company or any affiliate or subsidiary of Licensee or its parent company or to any entity with or <br /> into which Licensee is merged or consolidated, or to any entity resulting from a reorganization of <br /> Licensee or its parent company. However, Licensee shall not assign, or otherwise transfer all or <br /> any part of its interest in this Agreement or in the Premises to a third party without the prior written <br /> consent of Licensor. Licensee shall not sublease or sublicense the Premises . This Agreement shall <br /> be binding upon the respective parties, their assigns, and successors . From and after the date the <br /> Agreement has been sold, assigned or transferred by Licensee to an approved third party agreeing <br /> to be subject to the terms hereof, Licensee shall immediately be released from any and all <br /> liability under this Agreement, including the payment of any rental or other sums due, without <br /> any further action. <br /> 12 _ AS IS, <br /> Licensee takes the facilities as is and Licensor does not warrant that the facility is sufficient for the <br /> use intended by Licensee. Notwithstanding the foregoing, Licensor warrants that there are no deeds <br /> to secure debt, mortgages, liens, recorded agreements or judgments encumbering the Property and <br /> no restrictive covenants, or other encumbrances on the title to the Property that would prevent <br /> Licensee from using the Premises for the uses intended by Licensee as set forth in this Agreement. <br /> Licensor further agrees and warrants that it shall provide and be responsible for maintenance and <br /> repairs to the Elevated Tank to preserve the Elevated Tank in good order and condition. Licensor <br /> shall maintain all common areas on the Property and Premises . <br /> Licensor may allow Licensee to modify the facility to make the facility usable by Licensee . Such <br /> modification is subject to Licensor' s prior written approval . All modifications which are approved <br /> by Licensor shall be made at the sole expense of Licensee. <br /> 13 , 1j1C:E,NSOR ' G ADDITIONAL . DUTIES , <br /> (a) Licensor understands and agrees that the continuity of Licensee ' s services is of <br /> paramount importance to Licensee . Licensor shall at all times exercise the highest standard of <br /> care and judgment to prevent damage to Licensee ' s services . Licensor will cause any subsequent <br /> licensees to verify by frequency search that its signal will not interfere with Licensee ' s . In the <br /> event any of Licensor's other licensees ' signal causes material interference with Licensee's <br /> Facilities , Licensor will exercise its best efforts to promptly and diligently resolve such problems <br /> after notice by Licensee to Licensor. In the event that material interference continues for a period <br /> of forty-eight (48) hours after Licensee sends written notice, Licensee shall so notify Licensor in <br /> writing, and Licensor shall cause the interfering operation to cease except for brief tests which <br /> are necessary to determine the cause of the interference . If such interference cannot be <br /> eliminated, Licensee, in its discretion, has the right to (i) request Licensor to cause the interfering <br /> party to cease operations permanently or (ii) request Licensor, upon full agreement with <br /> Licensee, to allow Licensee to relocate at a different location on the Elevated Tank, at Licensee ' s <br /> expense or (iii) immediately terminate this Agreement without further obligation to Licensor. <br /> Material interference shall be deemed to be any interference, which violates the terms and <br /> conditions of transmitter licenses, and/or rules and regulations of the Federal Communications <br /> Commission. In no event will Licensor be liable for any consequential damages (including, <br /> without limitation, lost profits) arising from any such interference . <br /> Page 6 of 14 <br /> F:\Utilities\UTILITY - ENGINEERING\WTP - South RO\Cellular Antennas and Wireless Info\Cingula[ 007 - Kings Hwy Water Tank License to Occupy Mar 08, 2004.DOC <br />
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