Agenda - Council - 06/24/2008 - Laserfiche WebLink

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Revised June 18, 2008 Mobile's responsibility. Owner agrees to cooperate with T-Mobile in its efforts to connect the Communications Facility to existing utility service at TMMobile's expense. . 8. ACCESS TO PROPERTY. Owner grants access to the Leased Premises. T-Mobile shall be responsible for the construction of its access driveway on the Leased Premises and pay for all expenses incurred in its construction and continued maintenance, until the expiration of this Agreement. T-Mobile shall be responsible to construct and maintain its driveway from the permanent park parking lot to the Communications Facility. 9. LIMITATION OF OWNER'S LIABILITY. If Owner terminates this Agreement other than as of right as provided in this Agreement, or Owner causes interruption of the business ofT-Mobile or for any other Owner breach oftms Agreement, Owner's liability for damages to T-Mobile shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business ofT-Mobile as a going concern, future expectation of profits, loss of business or profit or related damages to T -Mobile. 10. TEMPORARY INTERRUPTIONS OF SERVICE. If the Federal Communications Commission or any other public safety agency of the federal government, issues an order determining that the continued operation of the Communications Facilities would cause or contribute to an immediate threat to public health and/or safety (, Owner may order T- Mobile to temporarily discontinue its operation. If a state, county, or local government entity issues an order to cease operation due to interference with public safety systems, T- Mobile shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Owner does not give prior notice to T- Mobile, because of an immediate threat of bodily injury, Owner shall notify T-Mobile as. soon as possible after its action and give its reason for taking the action. Owner shall not. be liable to T-Mobile or any other party for any interruption in T-Mobile's service or interference with T-Mobile's operation of is Communications Facilities, except as may be caused by the willful negligence or willful misconduct ofthe Owners, its employees or agents. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, T-Mobile shall have the right to terminate this Agreement within its sole discretion. 11. ADVANCES IN TECHNOLOGY. As technology advances and improved antennas are developed which are routinely used in T-Mobile's business, Owner may require, in its sole discretion, the replacement of the antenna with the improved antenna if the new antenna is more aesthetically pleasing or otherwise will foster a public purpose, as longas the installation and use of the improved antenna is reasonably practical and technically feasible on the Leased Premises I2.DEFENSE AND INDEMNIFICATION. (a) General. T-Mobile agrees to defend, indemnify and hold harmless Owner and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation -260- 3