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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 />4.4 Any assignment or sublicense consented to by Licensor in its sole discretion shall <br />not operate to release Licensee from its liabilities and obligations arising hereunder unless <br />specifically reserved. <br />4.5 Licensor shall not separately Transfer its rights to receive the License Fee or other <br />income under this License independent of the Transfer of all of Licensor’s rights under this <br />License. <br />5.INTERFERENCE. <br />5.1 Licensee shall operate its Communications Equipment in a manner that will not <br />cause interference with the use or enjoyment of the Property by Licensor and other lessees or <br />licensees of Licensor in and/or on the Property. Licensor hereby acknowledges that Licensee's use <br />of the Licensed Area for Licensee's Permitted Use shall not constitute an impermissible <br />interference. All operations of Licensee shall be lawful and in compliance with all Governmental <br />Requirements (as hereafter defined), rules and regulations including, but not limited to those of <br />the FCC and the Federal Aviation Administration (“FAA”). “Governmental Requirements” <br />shall mean all requirements under any federal, state or local statutes, rules, regulations, ordinances, <br />or other requirements of any duly constituted public authority having jurisdiction over the <br />Property. Should Licensee be notified in writing by any government agency of any violation, it <br />must share said written notice with Licensor within five (5) business days of Licensee’s receipt of <br />the written notice, and thereafter, Licensee shall provide Licensor documentation from the <br />government agency that Licensee has remedied the violation. Licensee shall indemnify Licensor <br />and hold it harmless from all expenses, costs, damages, loss, claims or other expenses and <br />liabilities arising from any interference caused by Licensee's failure to comply with FCC or FAA <br />rules and regulations. Licensee shall be responsible for all reasonable costs associated with any <br />tests deemed necessary to resolve any and all interference as set forth in this License. If such <br />interference caused by Licensee's failure to comply with FCC or FAA rules and regulations has <br />not been corrected within thirty (30) days after Licensee receives notice thereof from Licensor, <br />Licensor may require Licensee to power down the specific items from the Communications <br />Equipment suspected of causing such interference (except for intermittent testing to determine the <br />cause of such interference), or to take other reasonable and appropriate action, until the interference <br />has been corrected. <br />5.2 Licensor shall not alter its existing or contemplated use of the Property in any way <br />which materially interferes with the operations of Licensee. Without limiting the generality of the <br />foregoing, Licensor hereby acknowledges that in the event of any interference with Licensee's <br />Permitted Use as a result of the transmission or reception (or both) of radio, microwave or other <br />telecommunications signals by a future lessee, licensee or occupant of the Property, Licensee's <br />rights hereunder to conduct Licensee's Permitted Use shall be and remain superior to the rights of <br />any such future lessee, licensee or occupant, subject, however, to the provisions of Section 5.3 <br />below. Licensor further acknowledges that interference with Licensee's operations shall cause <br />Licensee to suffer irreparable injury and entitle Licensee, in addition to exercising any other rights <br />hereunder or under applicable law, to seek the immediate enjoinment of such interference against <br />the interfering party. <br />ATTY/AGR.2024.027/Verizon Wirelsss (License Agreement) (Page 7 of 46)
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