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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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20.3 This License shall be interpreted and construed in accordance with the laws of the <br />State of California without regard to conflict of law provisions and both parties agree to <br />exclusive personal jurisdiction and venue'the state courts of California, County of San Mateo, or <br />in the United States District Court for the Northern District of California. <br />20.4 If any term of this License is found to be void or invalid, such invalidity shall not <br />affect the remaining terms of this License, which shall continue in full force and effect. <br />20.5 No provision may be waived except in a writing signed by the waiving Party. The <br />failure by a Party to enforce any provision of this License or to require performance by the other <br />Party will not be construed to be a waiver, or in any way affect the right of either Party to <br />enforce such provision thereafter. <br />20.6 Except with respect to Licensee's obligation to pay any sums payable by Licensee <br />hereunder, the time for performance by Licensor or Licensee of any term, provision, or covenant <br />of this License shall be deemed automatically extended by time lost due to delays resulting from <br />acts of God, strikes, civil riots, floods, material or labor restrictions by governmental authority, <br />and any other cause not within the control of Licensor or Licensee, as the case may be. <br />21, LIMITATION ON LIABILITY. <br />21.1 Anything in this License, either expressed or implied, to the contrary <br />notwithstanding, Licensee acknowledges and agrees that each of the covenants, undertakings and <br />agreements herein made on the part of Licensor are made and intended not as personal <br />covenants, undertakings and agreements of Licensor, or for the purpose of binding Licensor <br />personally or the assets of Licensor, except Licensor's interest in the Property. Except for the <br />indemnity obligations set forth in this License, and otherwise notwithstanding anything to the <br />contrary in this License, Licensee and Licensor each waives any claims that each may have <br />against the other with respect to consequential, incidental or special damages, however caused, <br />based on any theory of liability. <br />22. RF SIGNAGE AND NOTICES. <br />22.1 Licensee, and any Authorized Sublicensees, shall install signs alerting the public, <br />but especially workers and public safety officials of any radio frequency emissions or other <br />safety issues. These signs shall comply with OSHA 1910.145 and OSHA CFR 1926.200. <br />23. AMENDMENTS. <br />23.1 The provisions of this License may be amended only by mutual consent of the <br />Parties expressed in writing and executed by authorized representatives of both parties. <br />REV: 11-14-18 DZ <br />Page 25 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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