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Agmt24 Verizon Wireless
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Last modified
5/22/2024 11:12:41 AM
Creation date
5/22/2024 11:11:23 AM
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Template:
Agreement
PROJECT NAME
Communication Site License Agreement
RMP File Number
304.5
Date
4/19/2024
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REV: 03-25-24 LF <br />Governmental Approvals necessary for the relocation of Licensee’s Communications Equipment <br />to the Relocation Premises. <br />(e)For the purposes of Section 6.9, “Force Majeure” means an event <br />such as an act of God, war, terrorism, fire, earthquake, windstorm, flood, pandemic, local or <br />national emergency, or other natural catastrophe, civil disturbance or disobedience, labor dispute, <br />vandalism, sabotage, or restraint by order of a court or administrative agency with jurisdiction. <br />6.9.2 Should Licensor reasonably determine in its sole discretion, that, for reasons <br />besides a Force Majeure, some or all of Licensee’s Communications Equipment need to be <br />relocated in order to accommodate Licensor’s use of the Property (i) to provide for the <br />community’s needs, or (ii) because of changed natural conditions of the Property, including <br />without limitation, earth movement and erosion, warrant relocation: <br />(a)Licensor shall provide Licensee a Relocation Notice which provides <br />Licensee at least 90 days’ written notice of Licensee’s need to remove all portions of its <br />Communications Equipment requested to be relocated by Licensor from the Licensed Area and to <br />commence to relocate its Communications Equipment. Prior to providing Licensee a Relocation <br />Notice, Licensor and Licensee shall meet and confer for the purpose of identifying potential <br />Relocation Premises, and Licensor shall notify Licensee of such potential Relocation Premises or <br />the lack thereof in the Relocation Notice. <br />(b)If Relocation Premises are available, Licensor, at Licensor’s sole <br />cost, shall provide a survey of the Relocation Premises (including the access and utility easements) <br />to supplement Exhibits “A” hereto and become a part hereof, and the Relocation Premises shall <br />be considered the Licensed Area for all purposes hereunder. Licensee shall remove all portions of <br />its Communications Equipment s requested to be relocated by Licensor from the Licensed Area <br />and commence to relocate its Communications Equipment on or before the deadline established <br />by the Relocation Notice, and Licensee shall diligently prosecute the relocation of its <br />Communications Equipment to the Relocation Premises to completion. <br />(c)If in Licensee or Licensor’s sole reasonable judgment no suitable <br />Relocation Premises is available, that Party shall have the right to terminate this License upon <br />written notice to the other Party, without penalty. In the event of such termination, any prepaid <br />License Fee shall be reimbursed to Licensee on a pro rata basis. <br />(d)Licensor shall, prior to providing such written notice of the need to <br />relocation, make reasonable efforts to keep Licensee informed about Licensor’s consideration of <br />whether Licensor may require such relocation. <br />(e)Licensor may not require Licensee to relocate pursuant to this <br />Section 6.9.2 more than twice during the Term. <br />(f)For any relocation of the Communications Equipment made <br />pursuant to this Section 6.9.2, the following terms and conditions shall also apply (subject to <br />application provisions of this License, e.g., the default provisions): (i) such relocation will be <br />performed exclusively by Licensee or its agents; (ii) such relocation will not unreasonably result <br />in any interruption of the communications service of Licensee on the Property; (iii) such relocation <br />ATTY/AGR.2024.027/Verizon Wirelsss (License Agreement) (Page 12 of 46)
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