Agenda - Council - 01/08/2008 - Laserfiche WebLink

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maintenance. At such time as Owner improves the Praperty far park purpases and constructs a permanent access driveway to. its park and parking facilities, T -Mabile's ingress egress easement will terminate and Owner will grant a new ingress egress easement to. T-Mabile to. caincide with the Owner's park facilities pennanent access driveway. T-Mabile shall be respansible to. canstruct and maintain its ingress egress driveway fram the permanent park access driveway to. the Premises. 9 . LIMITATION OF OWNER'S LIABILITY. If OWner terminates this Agreement ather than as af right as pravided in this Agreement, ar Owner causes interruptian af the business afT-Mabile ar far any ather Owner breach afthis Agreement, Owner's liability far damages to. T-Mabile shall be limited to. the actual and direct casts af equipment remaval, relacatian ar repair and shall specifically exclude any recavery far value afthe business afT-Mabile as a gaing cancern, future expectatian afprafits, lass afbusiness ar prafit ar related damages to. T-Mabile. 10. TEMPORARY INTERRUPTIONS OF SERVICE. If Owner determines that cantinued aperatian afthe Cammunicatians Facilities wauld cause ar cantribute to. an immediate threat to. public health and/ar safety (except far any issues assaciated with human expasure to. radio. frequency amissians, which is regulated by the federal gavernment), Owner may o.rder T-Mabile to. discantinue its aperation. T-Mabile shall immediately comply with such an arder. Service shall bediscantinued anly far the periad that the immediate threat exists. If Owner daes nat give priar natice to. T-Mabile, Owner shall natify T-Mabile as saan as passible after itsactian and give its ,reasan far taking the actian. Owner shall nat be liable to. T-Mabile ar any ather party far any interruptian in T-Mabile's service ar interference with T-Mabile's aperatian afis Cammunicatians Facilities, except as may be caused by the willful miscanduct afthe Owners, its emplayees ar agents. lfthe discantinuance extends far a periad greater than three days, either consecutively ar cumulatively, T-Mabile shall have the right to. terminate this Agreement within its sale discretian. 11. ADVANCES IN TECHNOLOGY. As technalagy advances and impraved antennas are develaped which are rautine1y used in T-Mabile's business, Owner may require, in its sale discretian, the replacemeI).t afthe antenna with the impraved antenna if the new antenna is mare aesthetically pleasingar atherwise will faster a public purpase,as lang as the installatian and use afthe impraved antenna is practical and technically feasible an the Praperty. 12. DEFENSE AND INDEMNIFICATION. (a) General. T-Mabile agrees to. defend, indemnify and hald harmless Owner and its elected afficials, afficers, emplayees, agents, and representatives, fram and against any and all claims, casts, lasses, expenses, demands, actians, ar causes af actian, including reasanable attarneys' fees and ather casts and expenses aflitigatian, which may be asserted against ar incurred by Owner ar far which Owner may be liable in the perfarmance afthis Agreement, except thase which arise salely fram the negligence, willful miscanduct, ar ather fault afOwner. T-Mabile shall defend all claims arising aut afthe installatian, aperatian, use, maintenance, repair, remaval, ar 3 -284-