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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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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 />uncured default by Licensor, then any prepaid License Fee shall be apportioned as of the <br />termination date and reimbursed to Licensee. <br />3.2 For any party to whom rental payments are to be made, Licensor or any successor <br />in interest of Licensor hereby agrees to provide to Licensee (i) a completed, current version of <br />Internal Revenue Service Form W-9, or equivalent; (ii) complete and fully executed state and local <br />withholding forms if required; (iii) Licensee’s payment direction form, and (iv) other <br />documentation to verify Licensor’s or such other party’s right to receive rental as is reasonably <br />requested by Licensee. Rental shall accrue in accordance with this License, but Licensee shall <br />have no obligation to deliver license fee payments until the requested documentation has been <br />received by Licensee. Upon receipt of the requested documentation, Licensee shall deliver the <br />accrued rental payments as directed by Licensor. <br />3.3 Except as expressly provided in Section 3.1 above or as otherwise set forth herein, <br />the License Fee shall be payable without offset or deduction at Licensor's address specified below <br />or to any other person or firm as Licensor may, from time to time, designate in writing at least <br />sixty (60) days in advance of any License Fee payment due date. If, at any time, Licensee fails to <br />make payment within ten (10) business days following receipt of written notice that a payment is <br />past due, a late charge equal to five percent (5%) of such past due amount shall be due, as well as <br />interest which shall accrue on the past due amount at the rate of twelve percent (12%) per annum <br />or the maximum allowable by law, whichever is less, until paid in full. This right is in addition to <br />all rights of Licensor to terminate this License pursuant to Section 9 herein. <br />3.4 Intentionally Omitted. <br />3.5 All sums payable by Licensee under this License, whether or not stated to be <br />License Fees, shall be collectible by Licensor as License Fees, and upon default in payment thereof <br />Licensor shall have the same rights and remedies as for failure to pay License Fees (without <br />prejudice to any other right or remedy available therefor). <br />3.6 Within ninety (90) days following the Effective Date or Licensee’s receipt of the <br />documentation described in Section 3.2 above, Licensee shall pay to Licensor, a one-time payment <br />in the amount equal to Eight Thousand and No/100 Dollars ($8,000.00) (“Commitment Fee”) <br />which is a non-refundable payment to Licensor to offset expenses related to the preparation and <br />negotiation of this License. <br />3.7 Performance Bond. In order to secure the performance of its obligations under this <br />License, Licensee will provide the following security instrument to Licensor. <br />3.7.1 Prior to the commencement of any work under this License, Licensee must <br />provide a performance bond (“Performance Bond”) running to Licensor in the sum of $158,700. <br />The Performance Bond is conditioned upon the faithful performance by Licensee of all the terms <br />and conditions of this License and upon the further condition that if Licensee fails to comply with <br />any terms or conditions governing this License, there shall be recoverable jointly and severally <br />from the principal and surety of the bond any damage or loss suffered by Licensor as a result, <br />including the full amount of any compensation, indemnification, or costs of removal or <br />abandonment of Licensee’s property, plus costs and reasonable attorneys’ fees up to the full <br />ATTY/AGR.2024.027/Verizon Wirelsss (License Agreement) (Page 4 of 46)
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