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Agmt24 Verizon Wireless (2)
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Agmt24 Verizon Wireless (2)
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Last modified
6/12/2024 10:59:41 AM
Creation date
6/12/2024 10:58:33 AM
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Template:
Agreement
PROJECT NAME
Temporary Communication Site License Agreement
RMP File Number
304.5
Date
4/19/2024
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REV: 04-01-24 SK <br />respective Parties hereto. As contemplated herein a sublicensee approved by Licensor pursuant to <br />this Section is known as an “Authorized Sublicensee.” Licensee acknowledges that Licensor may <br />refuse to consent to any proposed sublicense that involves the collocation of a third party’s <br />facilities unless Licensee and/or the proposed sublicensee agrees to pay to Licensor additional fees <br />and the proposed sublicensee agrees in writing to comply with all of the terms and conditions of <br />the Temporary License from and after the effective date of the consent to sublicense. <br />Notwithstanding the foregoing, Licensee shall have the right to sublicense all or any portion of the <br />Licensed Area only to an Affiliate of Licensee without Licensor’s prior consent, but upon notice <br />to Licensor. In the event that Licensee sublicenses all or any portion of the Licensed Area to an <br />Affiliate of Licensee, such Affiliate shall be subject to all of the terms and conditions of this <br />License, including, without limitation, Section 6, Improvements & Utilities, below. <br />4.3 Any unauthorized assignment or sublicense by Licensee shall be void and Licensor <br />shall have the right to terminate this Temporary License thereafter. <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 Temporary License independent of the Transfer of all of Licensor’s rights under <br />this 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” shall <br />mean all requirements under any federal, state or local statutes, rules, regulations, ordinances, or <br />other requirements of any duly constituted public authority having jurisdiction over the Property. <br />Should Licensee be notified in writing by any government agency of any violation, it must share <br />said written notice with Licensor within five (5) business days of Licensee’s receipt of the written <br />notice, and thereafter, Licensee shall provide Licensor documentation from the government agency <br />that Licensee has remedied the violation. Licensee shall indemnify Licensor and hold it harmless <br />from all expenses, costs, damages, loss, claims or other expenses and liabilities arising from any <br />interference caused by Licensee's failure to comply with FCC or FAA rules and regulations. <br />Licensee shall be responsible for all reasonable costs associated with any tests deemed necessary <br />to resolve any and all interference as set forth in this License. If such interference caused by <br />Licensee's failure to comply with FCC or FAA rules and regulations has not been corrected within <br />thirty (30) days after Licensee receives notice thereof from Licensor, Licensor may require <br />Licensee to power down the specific items from the Communications Equipment suspected of <br />causing such interference (except for intermittent testing to determine the cause of such <br />ATTY/AGR.2024.045/Verizon Wireless (Temporary Wireless Communication Site) (Page 5 of 31)
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