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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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14.13 Construction of Agreement. The terms and provisions of this Agreement shall <br />not be construed strictly in favor of or against either party, regardless of which party drafted any <br />of its provisions. This Agreement shall be construed in accordance with the fair meaning of its <br />terms. <br />14.14 Effect of Acceptance. Licensee (a) accepts and agrees to comply with this <br />Agreement and all applicable federal, state and local laws and regulations; (b) agrees that this <br />Agreement was entered into pursuant to processes and procedures consistent with applicable law; <br />and (c) agrees that it will not raise any claim to the contrary or allege in any claim or proceeding <br />against the Licensor that at the time of acceptance of this Agreement any provision, condition or <br />terns of this Agreement was unreasonable or arbitrary, or that at the time of the acceptance of this <br />Agreement any such provision, condition or term was void or unlawful or that the Licensor had no <br />power or authority to make or enforce any such provision, condition or term. <br />14.15 Time is of the Essence. Time is of the essence with regard to the performance of <br />all of Licensee's obligations under this Agreement. <br />14.16 Taxes. Licensee shall be responsible for payment of all fees and taxes charged in <br />connection with the right, title, and interest in and construction, installation, maintenance, and <br />operation of Equipment for the purposes set forth herein. <br />14.17 Tax Notice. Licensor hereby provides notice pursuant to California Revenue and <br />Taxation Code Section 107.6, and Licensee acknowledges that this Agreement may create a <br />possessory interest and Licensee may be subject to property taxes levied on such interest, as <br />described in California Revenue and Taxation Code Section 107.6. Licensee shall pay directly to <br />the appropriate authority, when due, all real and personal property taxes, fees and assessments, <br />assessed against the area licensed and the Equipment. <br />14.18 Counterparts. This Agreement (and any Supplement) maybe executed in multiple <br />counterparts, including by electronic means, each of which shall be deemed an original, and all <br />such counterparts once assembled together shall constituted one integrated instrument. <br />[Signature page to follow] <br />Page 22 of 23 <br />25B-24 <br />
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