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Res19 15733
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Res19 15733
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Last modified
1/17/2019 4:15:03 PM
Creation date
1/17/2019 4:14:20 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
1/14/2019
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16. SUCCESSORS AND ASSIGNS. <br />16.1 This License shall be binding upon and inure to the benefit of the parties, their <br />respective successors, personal representatives and permitted assigns. <br />17. ENTRY BY LICENSOR. <br />17.1 Licensee shall permit Licensor to enter upon Premises at any time upon forty- <br />eight (48) hours' prior written notice, and Licensor shall be liable for any damage to Licensee's <br />personal property in the course thereof, but only to the extent that damage was caused by the <br />negligence of Licensor or its personnel. Absent exigent circumstances (which shall be deemed to <br />mean an emergency posing an immediate risk to the health or safety of persons or damage to <br />property), Licensee shall have the right to have a representative of Licensee accompany Licensor <br />in connection with any such Licensor entry upon the Premises, provided, however, that <br />unavailability of a Licensee representative following Licensor's proper delivery of prior written <br />notice to Licensee shall not unreasonably delay entry by Licensor. The provisions of this Section <br />17.1 shall not prevent Licensor from entering the Premises immediately and alone if Licensor <br />reasonably determines that such entry is required by an emergency. <br />18. WAIVER OF LICENSOR'S LIENS. <br />18.1 Licensor waives any and all lien rights it may have, statutory or otherwise, <br />concerning the Facilities or any portion thereof. The Facilities shall be deemed personal <br />property for purposes of this License, regardless of whether any portion is deemed real or <br />personal property under applicable law; Licensor consents to Licensee's right to remove all or <br />any portion of the Facilities from time to time in Licensee's sole discretion and without <br />Licensor's consent. <br />19. NON-DISCRIMINATION. <br />19.1 There shall be no discrimination against or segregation of any person or group of <br />persons on account of age, race, color, creed, religion, sex/gender, sexual orientation, mental <br />disability, physical disability, medical condition, political beliefs, organizational affiliations, <br />marital status, national origin or ancestry in the licensing, sublicensing, transferring, use, <br />occupancy, operation, tenure, or enjoyment of the Premises and the Facilities. <br />20. MISCELLANEOUS. <br />20.1 This License constitutes the entire agreement and understanding of the parties and <br />supersedes all offers, negotiations and other agreements. There are no representations or <br />understandings of any kind not set forth herein. <br />20.2 Either Party hereto that is represented in this transaction by a broker, agent or <br />commission salesperson (a "Representative") shall be fully and exclusively responsible for the <br />payment of any fee, commission or other compensation owing to such Representative, and shall <br />indemnify and hold the other party harmless from and against any claim to a fee, commission or <br />other compensation asserted by such Representative, including reasonable attorneys' fees and <br />costs incurred in defending such claim. <br />REV: 11-14-18 DZ <br />Page 24 of 35 <br />ATTY/AGR.2018.264/New Cingular Wireless PCS, LLC - Wireless Communications Site License <br />Agreement 555 California Way <br />
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