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REV: 12-20-2022 JB <br />ARTICLE 11 <br />MISCELLANEOUS PROVISIONS <br />11.1 Representations and Warranties. Each party represents and warrants that it has the <br />full right and authority to enter into, execute, deliver, and perform its obligations under this <br />Agreement and that this Agreement constitutes a legal, valid, and binding obligation enforceable <br />against such party in accordance with its terms, subject to bankruptcy, insolvency, creditors’ rights, <br />and general equitable principles. The Company represents and warrants that it has any and all <br />authorizations and approvals from state and federal regulatory agencies including the California <br />Public Utilities Commission and the Federal Communications Commission as are necessary for the <br />activities and Facilities contemplated by the Agreement and that Company is in compliance in all <br />material respects with its obligations under such authorizations. <br />11.2 Notices. All notices which shall or may be given pursuant to this Agreement shall be <br />in writing and transmitted through first class United States mail, or by private delivery systems, to <br />the following address or such other address of which a party may give written notice: <br />City: <br />City of Redwood City <br />City Engineer <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Company: <br />Mobilitie, LLC <br />660 Newport Center Drive, Suite 200 <br />Newport Beach, CA 92660 <br />ATTN: Asset Management <br />With copies to (except for invoices): <br />Mobilitie, LLC <br />660 Newport Center Drive, Suite 200 <br />Newport Beach, CA 92660 <br />ATTN: Legal Department <br />11.3 Service of Process. Company shall designate a person in California or a nationally <br />recognized service with a point of contact in California who is authorized to accept service of process <br />on behalf of Company. <br />11.4 Operations Center. Company’s Operations Center shall be available to City staff 24 <br />hours a day, 7 days a week, regarding problems or complaints resulting from the Facilities installed <br />pursuant to this Agreement and may be contacted by telephone at: 877-353-1695 regarding such <br />problems or complaints. <br />11.5 Assignment. Company shall not assign or transfer any interest in this Agreement nor <br />the performance of any of Company’s obligations hereunder, without the prior written consent of <br />City (which consent shall not be unreasonably withheld), and any attempt by Company to so assign <br />this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect; <br />provided, however, Company may assign its rights and delegate its obligations hereunder without <br />first obtaining the City’s consent to an affiliate (defined for the purposes of this section being any <br />person or entity that, directly or indirectly, controls, is controlled by, or is under common control <br />with Company). An assignment shall not be effective until the Assignee agrees in writing to comply <br />with and be subject to all the terms and conditions of this Agreement, the Code, and the Zoning Code, <br />ATTY/AGR.2022.405/Mobilitie, LLC (Page 14 of 21)