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Agmt15 Astound Broadband, LLC
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Agmt15 Astound Broadband, LLC
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Last modified
8/27/2015 9:56:24 AM
Creation date
8/27/2015 9:56:23 AM
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Agreement
Contractor Name
Astound Broadband, LLC
PROJECT NAME
Conduit Occupancy Agrreement
RMP File Number
304.5
Date
8/21/2015
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investigation or legal defense costs are included in such general annual <br /> aggregate limit, such general aggregate limit shall double the occurrence <br /> or claims limits specified above. <br /> viii. Should any of the required insurance be provided under a claims made <br /> form, Licensee shall maintain such coverage continuously throughout the <br /> term of this license and, without lapse, for a period of three (3) years <br /> beyond the License expiration or termination,to the effect that should any <br /> occurrences during the License term give rise to claims made after <br /> expiration or termination of the License, such claims shall be covered by <br /> such claims-made policies. <br /> ix. licensee's compliance with the provisions of this Section shall in no way <br /> relieve or decrease Licensee's indemnification obligations under this <br /> License or any of Licensee's other obligations hereunder. Notwithstanding <br /> anything to the contrary in this License, this License shall terminate <br /> immediately, without notice to Licensee, upon the lapse of any required <br /> insurance coverage. Licensee shall be responsible, at its expense, for <br /> separately insuring Licensee's personal property. <br /> ARTICLE 8—NOTICE OF DEFAULT AND RIGHT TO CURE <br /> In the event of any non-compliance with or default under this Agreement by either Party, prior to <br /> exercising any remedy or terminating this Agreement,the non-defaulting Party shall provide written <br /> notice to the other Party specifying with reasonable particularity the nature of any default and such <br /> Party shall have a 30 day period to cure any such default (provided, that if the non-compliance at <br /> issue is of a type that cannot reasonably be cured within said thirty (30) day time period, then the <br /> non-compliant Party shall not be in default under this Agreement if such party commences cure <br /> within said thirty (30) day time period and thereafter diligently pursues cure to completion). <br /> ARTICLE 9- NO WARRANTY/LIMITATION OF LIABILITY. <br /> 9.1 Waiver Re�ardin� Licensed Conduit. THE LtCENSED CONDUIT IS PROVIDED <br /> HEREUNDER ON AN "AS IS WHERE IS BASIS" WITHOUT WARRANTY. LICENSOR MAKES NO <br /> WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO THE LEASED CONDUIT, INCLUDING ANY <br /> WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH <br /> WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. LICENSOR SHALL NOT BE LIABLE TO LICENSEE <br /> FOR ANY LOSS OR DAMA6E ARISING FROM LICENSEE'S USE OF THE LEASED CONDUIT PURSUANT TO <br /> THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE LOSS OF OR INTERFERENCE WITH SERVICE <br /> ARISING IN ANY MANNER OUT OF LICENSOR'S OPERATIONS, EXCEPT TO THE EXTENT ARISING OUT <br /> OF OR RESULTING FROM THE GROSSLY NEGLIGENT ACTS OR OMISSIONS, OR WILLFUL MISCONDUCT <br /> OF THE LICENSOR OR ITS EMPLOYEES OR CONTRACTORS. IN NO EVENT SHALL LICENSOR BE LIABLE <br /> TO LICENSEE FOR ANY PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS <br /> AGREEMENT, INCLUDtNG WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS. <br /> ATTY/AGR/2015.149/ASTOUND CONDUIT ACCESS FOR SM COUNTY <br /> REV:08-20-15 MLG <br /> Page 8 of 12 <br />
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