Agenda - Council - 11/28/2023 - Laserfiche WebLink

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F 4 Revised June I :�200 Mobile"s responsibility, Owner agrees to cooperate with Mobile in its efforts to connect the Communications Facility to existing utility service at -Mobiles a peme. . .ACCESS TO PROPERTY. over grants access to the Leased Premises. -Mobile shall be re naible for the conAmetion of its acmes driveway on the Leased Premises and pay for all expenses incurred in its construction and continued maintenance,until the iexpration of this Agreement -Mobil a shall be responsible to construct and maintain its driveway from the permanent park parking lot to the Communications Facility, . LIMITAnON of OWNER" LIABILITY, if Owner terminates this Agrmment other tim as of right as provided in this Agreement,or der causes interruption of the business of T-Mobile or for any other owner breach of this Agreement, Owner's liability for dma es to -Mobile shall be limt d to the actual and direct costs of equipment removal,,relocation or repair and shall specifically exclude any recovery for value of the business o-f T-Mobile as a going concern.,,future expectation cifprofi# ,loss of business or profit or related damages to T-Mobile. MTRRUPTIONS OF SERVICE. If the Federal Communications Commission or any other public safety agency of the federal govern .et,issues an order determm' m' g that the continued operation of the Communications Facilities would cause or contribute to an mediate threat to public health and/or safay ,owner may order - Mobile to temporarily discontinue its operation. if a state, county, or local goveniment entity issues an order to cease operation duo to interference with public safety systerns,T- Mobile shall immediately comply with such an order. Service shall be discontinued or ly for the riod that the m T- . immediate threat exists. If caner does not give prior notice to obile because of an it .mediate threat of bodily m' jury, owner shall notify -Mobile as soon as ssib a after its action and give its reason for� the action, der shall not be liable to °-Mobile or�y other party for any interruption in T-Mobile's service or interference with -Mobile's operation of is Conunu cations Facilities,except as may b caused by the Wilful negligence or willU mis-conduct of the Owners,its employees or agents. If the discorAinnance ends for a period greater than three days,either con.secx tively or cumulatively, `-Mobile sha have the right to terminate this Agreement within its sole discretion, 11. ADVANCES IN TECHNOLOGY. As technology advances and i.nnproved antemas are developed which are routinely used in �-Mobile's business,der may req ire,re,in its sole discretion,the rc lace e t of the antenna with the improved antes if the new antenna is more ae tbetically pleas'or othervvise wid fos r a public pose, as long as the installation and use of the improved antenna is reasonably practical and technically feasible on the Leased Premises 12.DEFENSE AND INDEMNIFICATION (a) General. T-Mobile agrees to defend, index fy and hold harmless Owner and its eleoLeci officials,officers,employees,agents,and representatives,from and against any and A claims, costs,losses, expenses,demands,aeons,or uses of action, i � rises litigation reasonable attorneys fees and other costs and expenses