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Agmt24 Verizon Wireless
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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 />provided, however, that no such termination fee will be payable on account of the termination of <br />this License by Licensee under any other termination provision expressly set forth in this License. <br />9.1.3 Upon Licensee terminating in accordance with this Section, Licensee shall <br />surrender and vacate the Licensed Area and deliver possession thereof to Licensor on or before the <br />termination date in the condition required under this License for surrender of the Licensed Area. <br />9.1.4 Notwithstanding the foregoing, in the event that a Licensee Event of Default <br />exists at the time that Licensee delivers a written notice of termination to Licensor, Licensor shall <br />have all rights and remedies available to Licensor hereunder, and under law and equity. <br />9.2 In the event that a majority of Licensor’s City Council determines in good faith <br />after a duly noticed public meeting that the Licensed Area is needed by Licensor for its primary <br />purpose, and Licensee’s Communications Equipment cannot reasonably be accommodated <br />elsewhere on the Property pursuant to the relocation provisions set forth in Section 6.9 above, then <br />Licensor shall have the right, upon one (1) year’s prior written notice to Licensee, to terminate this <br />License. <br />10.CASUALTY AND CONDEMNATION. <br />10.1 Licensor will provide notice to Licensee of any casualty or other harm affecting the <br />Property within a reasonable period of the casualty or other harm. If at any time during the Term <br />of this License all or "substantially all" (meaning the remaining portion thereof shall not be of <br />sufficient size or condition to permit the continuation of Licensee's Permitted Use in a <br />commercially reasonable manner) of the Property or the Communications Equipment upon the <br />Licensed Area shall be damaged and/or destroyed by fire or other casualty in Licensee’s reasonable <br />determination, then Licensee may terminate this License by providing written notice to Licensor, <br />which termination shall be effective as of the date of such damage and/or destruction, and <br />whereupon Licensee shall be entitled to collect all insurance proceeds payable on account thereof <br />and to the reimbursement of any prepaid License Fee, to be apportioned as of the termination date. <br />If Licensee elects not to so terminate this License, Licensee may, within a reasonable period <br />(a)install temporary wireless communication facilities within the Licensed Area or other mutually <br />agreeable location on the Property (which are not larger than the Communications Equipment) to <br />the extent necessitated by any such damage, (b) make suitable repairs to the Communications <br />Equipment and the Licensed Area necessitated by any such damage, and/or (c) request Licensor’s <br />cooperation to identify an alternative site suitable for replacement of Licensee’s Communications <br />Equipment, which cooperation Licensor shall use reasonable efforts to provide, subject to <br />Licensor’s primary use of the Property for servicing the water needs of the community. If Licensor <br />or Licensee undertakes to rebuild or restore the Licensed Area and/or the Communications <br />Equipment, as applicable, Licensor agrees to permit Licensee to place temporary transmission and <br />reception facilities on the Property at no additional License Fee until the reconstruction of the <br />Licensed Area and/or the Communications Equipment is sufficiently completed to allow <br />resumption of the use of the Communications Equipment and provision of the services <br />contemplated by this License. Licensor agrees that the License Fee shall be abated until the <br />Property and/or the Licensed Area are sufficiently rebuilt or restored to allow resumption of the <br />use of the Communications Equipment and provision of the services contemplated by this License, <br />unless Licensee places temporary transmission and reception facilities on the Property. <br />ATTY/AGR.2024.027/Verizon Wirelsss (License Agreement) (Page 15 of 46)
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