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25A - AGMT FOR STADIUM WIFI
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25A - AGMT FOR STADIUM WIFI
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Last modified
11/12/2020 5:28:02 PM
Creation date
11/12/2020 3:17:33 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25A
Date
11/17/2020
Destruction Year
2025
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Exhibit 7 <br />i. Include the City of Santa Ana and its employees, representatives, <br />and officers (collectively hereinafter "City and City Personnel") as additional insureds as their <br />interest may appear under this Agreement for claims arising out of this Agreement. <br />ii. Provide that the insurance is primary and non-contributing with <br />any other valid and coIIectible insurance or self-insurance available to City as regards Lessee <br />operations. <br />C. Automobile Liability Insurance with a limit of liability of $1,000,000 <br />combined single limit covering all "owned," "hired" and "non -owned" vehicles. Such insurance <br />shall be endorsed to the effect it will: <br />i. Include the City of Santa Ana and its employees, representatives, <br />and officers as additional insureds as their interest may appear under this Agreement for claims <br />arising out of this Agreement. <br />d. Workers' Compensation Insurance in accordance with the Labor Code of <br />California and covering all employees of the Lessee providing any service in the performance of <br />this agreement. Such insurance shall be endorsed to: <br />Waive the insurer's right of Subrogation against the City and City <br />Personnel. <br />It. INTERFERENCE. LESSEE's Facilities shall not disturb the communications <br />configurations, equipment, and frequency, which exist on the Property as of the effective date of <br />the Prior Lease ("Pre -Existing Communications") as long as the Pre -Existing Communications <br />operate and continue to operate within their respective frequencies and in accordance with all <br />applicable laws and regulations, or public safety communication operations, as may be upgraded <br />periodically, and LESSEE's Facilities shall comply with all applicable non-interference rules of <br />the Federal Communications Commission ("FCC"), LESSOR shall not use, or permit the use of, <br />any portion of the Property in any way, which interferes with LESSEE's use of the Premises or <br />encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, <br />LESSEE shall have the right to bring legal action to enjoin such interference against the party <br />causing any alleged interference and/or inunediately terminate this Agreement. Notwithstanding <br />the foregoing, Pre -Existing Communications operating in the same manner as on the date this <br />Agreement is frilly executed shall not be deemed interference. LESSOR shall require any future <br />tenants, assignees, licensees, or occupants using any portion of the Property for the operation of <br />mobile/wireless or communications facilities to comply with the provisions of this Section and <br />shall obtain LESSEE's written consent prior to allowing such use of the Property, which such <br />consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's <br />consent may be withheld if interference with LESSEE's transmissions, receptions, operations, or <br />use, of frequency will result due to such use, whether or not such interference is with LESSEE's <br />frequencies or otherwise. The City Manager shall reasonably determine whether consent is <br />unreasonably withheld and may require LESSEE to consent subject to the above conditions. <br />In the event of any interference with LESSOR's public safety communications <br />operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the <br />#22948v2 <br />25A-8 <br />
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