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25F - AGMT - WIRELESS LICENSE
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25F - AGMT - WIRELESS LICENSE
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5/28/2020 5:17:58 PM
Creation date
5/28/2020 5:12:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
6/2/2020
Destruction Year
2025
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DocuSign Envelope ID: 7CD73A60-3C9D-4785-9DC5-9A381151512D <br />understandings (whether oral or written) between or among the parties relating to the subject <br />matter of this Agreement which are not fully expressed herein. In witness whereof, and in order <br />to bind themselves legally to the terms and conditions of this Agreement, the duly authorized <br />representatives of the parties have executed this Agreement as of the Effective Date. <br />14.11 Non -Exclusive Remedies. No provision in this Agreement made for the purpose <br />of securing enforcement of the terms and conditions of this Agreement shall be deemed an <br />exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and <br />conditions, but the remedies herein provided are deemed to be cumulative. <br />14.12 No Third -Party Beneficiaries. It is not intended by any of the provisions of this <br />Agreement to create for the public, or any member thereof, a third -party beneficiary right or <br />remedy, or to authorize anyone to maintain a suit for personal injuries or property damage pursuant <br />to the provisions of this Agreement. The duties, obligations, and responsibilities of the Licensor <br />with respect to third parties shall remain as imposed by state law. <br />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 />term 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) may be 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 />Page 21 of 23 <br />25F-51 <br />
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