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Agmt96 Bay Area Cellular Telephone Company-AKA Cingular and AT&T
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Agmt96 Bay Area Cellular Telephone Company-AKA Cingular and AT&T
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Last modified
2/6/2012 10:33:36 AM
Creation date
11/15/2004 11:28:24 AM
Metadata
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Template:
Agreement
Contractor Name
Bay Area Cellular Telephone Company AKA New Cingular Wireless PCS, LLC by AT&T Mobility Corp
PROJECT NAME
communications site
RMP File Number
304
Date
7/29/1996
Reso Ref
12786 12827
Amendment
Yes
Box
5854
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<br /> hereafter designate by notice to Lessee. Notice given under this paragraph shall be deemed in compliance <br /> with applicable statutory notice requirements, including Code of Civil Procedure Section 1162, and Civil <br /> Code Section 1953, applicable statutory notice requirements, including Code of Civil Procedure Section <br /> 1162, and Civil Code Section 1953. The delivery of a courtesy copy to Paul B. Albritton shall not be <br /> deemed "required" for compliance with the notice requirement under this paragraph. <br /> 19.06 Waivers. No waiver by Lessor or Lessee of any provision hereof shall be <br /> deemed a waiver of any other provision hereof or of any subsequent breach by Lessor or Lessee of the <br /> same or any other provision. Lessor's consent to, or approval of, any act shall not be deemed to render <br /> unnecessary the obtaining of Lessor's consent to or approval of any subsequent act by Lessee. The <br /> acceptance of rent hereunder by Lessor shall not be a waiver of any preceding breach by Lessee of any <br /> provision hereof, other than the failure of Lessee to pay the particular rent so accepted, regardless of <br /> Lessor's knowledge of such preceding breach at the time of acceptance of such rent. <br /> 19.07 Cumulative Remedies. No remedy or election under this Lease shall be <br /> deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. <br /> 19.08 Bindin¡: Effect: Choice of Law. Subject to any provisions hereof restricting <br /> assignment or subletting by Lessee, this Lease shall bind the parties, their personal representatives, <br /> successors and assigns. This Lease shall be governed by the laws of the State of California applicable to <br /> leases entered into, and to be wholly performed, within the State. The language of all parts of this Lease <br /> shall be construed with its fair meaning and not strictly for or against the Lessor or Lessee. <br /> . <br /> 19.09 Conditions to Effectiveness of Lease. The approval of the Redwood City <br /> Council constitutes an express condition precedent to the effectiveness of this Lease. <br /> 19.10 Attorn€<)'s' Fees. If either party named herein brings an action to enforce the <br /> terms hereof, or declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall <br /> be entitled to its reasonable attorneys' fees and court costs to be paid by the losing party. <br /> 19.11 Consent. Whenever under this Lease the consent or approval of either party <br /> is required, or a determination must be made by either party, no such consent or approval shall be <br /> unreasonably withheld or delayed and all such determinations shall be made on a reasonable basis and in a <br /> reasonable manner, unless otherwise specifically provided herein. <br /> 18. <br /> ---~"_.'"- <br />
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