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25B - AGMT WITH NEW CINGULAR WIRELESS
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25B - AGMT WITH NEW CINGULAR WIRELESS
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Last modified
4/30/2020 2:05:36 PM
Creation date
4/30/2020 1:29:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25B
Date
5/5/2020
Destruction Year
2025
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proceeds for all purposes under this Agreement; and (vi) All amounts which Licensee pays or is <br />required to pay and all loss or damages resulting flour risks for which Licensee has elected to self - <br />insure shall not limit Licensee's indemnification obligations set forth in this Agreement. <br />10. NOTICES. <br />10.1 Method and Delivery of Notices. All notices which shall or maybe given pursuant <br />to this Agreement shall be in writing and delivered personally or transmitted (a) through the United <br />States mail, by registered or certified mail, postage prepaid; or (b) by means of prepaid overnight <br />delivery service, addressed as follows: <br />If to the Licensor: CITY OF SANTA ANA, CA <br />Public Works Agency <br />20 Civic Center Plaza, M-22 <br />Santa Ana, CA, 92701 <br />Attn: Executive Director <br />If'to Licensee: NEW CINGULAR WIRELESS PCS, LLC <br />Attn: Tower Asset Group — Lease Administration <br />Re: Municipal Facilities License Agreement <br />(Santa Ana, CA) <br />1025 Lenox Park Blvd NE, 3rd Floor <br />Atlanta, GA 30319 <br />With a copy to: <br />NEW CINGULAR WIRELESS PCS, LLC <br />Attn: AT&T Legal Dept. - Network Operations <br />Re: Municipal Facilities License Agreement <br />(Santa Ana, CA) <br />208 S. Akard Street <br />Dallas, TX 75202-4206 <br />10.2 Date of Notices; Changing Notice Address. Notices shall be deemed given upon <br />receipt in the case of personal delivery, three days after deposit in the mail, or the next business <br />day in the case of overnight delivery. Either party may from time to time designate any other <br />address for this purpose by written notice to the other party delivered in the manner set forth above. <br />11. DEFAULT; CURE; REMEDIES. <br />11.1 Licensee Default and Notification. This Agreement is granted upon each and <br />every condition herein and each of the conditions is a material and essential condition to the <br />granting of this Agreement. Except for causes beyond the reasonable control of Licensee, if <br />Licensee fails to comply with any of the conditions and obligations imposed hereunder, and if such <br />failure continues for more than thirty (30) days after written demand from the Licensor to <br />commence the correction of such noncompliance on the part of Licensee, the Licensor shall have <br />the right to revoke and terminate this Agreement, if such failure is in relation to the Agreement as <br />whole, or any individual Supplement, if such failure is in connection solely with such Supplement, <br />in addition to any other rights or remedies set forth in this Agreement or provided by law. <br />11.2 Cure Period. if the nature of the violation is such that it cannot be fally cured <br />within thirty (30) days due to circumstances not wider Licensee's control, the period of time in <br />which Licensee must cure the violation shall be extended for such additional time reasonably <br />necessary to complete the cure, provided that: (a) Licensee has promptly begun to cure; and (b) <br />Page 18 of 23 <br />25B-20 <br />
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