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CCTM1 LLC
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Last modified
4/17/2025 9:18:52 AM
Creation date
4/17/2025 9:12:40 AM
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Contracts
Company Name
CCTM1 LLC
Contract #
A-2025-025
Agency
Public Works
Council Approval Date
3/18/2025
Expiration Date
3/31/2035
Insurance Exp Date
4/1/2026
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dimensions of the Relocation Premises to relocate LICENSEE's Facilities to the <br /> Relocation Site, <br /> Upon relocation of LICENSEE's Facilities to the Relocation Site, all references to <br /> the Premises herein shall be deemed to be references to the Relocation Site. <br /> LICENSOR and LICENSEE agree that the Relocation Premises (including the <br /> access and utility right of way) may be surveyed by a licensed surveyor at the sole <br /> cost of LICENSEE, and such survey will then replace Exhibit C and become a <br /> part hereof and will control or describe the Premises. Except as expressly <br /> provided, LICENSOR and LICENSEE hereby agree that in no event will the <br /> relocation of LICENSEE's Facilities, or any part thereof, under subsection A <br /> above, affect, alter, modify or otherwise change any of the terms and conditions of <br /> this Agreement. <br /> 32, DEFAULT. In the event there is a default by either party with respect to any of the <br /> provisions of this Agreement or its obligations under it, including the payment of the <br /> License Fee, the non-defaulting party shall give the defaulting party written notice of such <br /> default. After receipt of such written notice,the defaulting party shall have fifteen (15) days <br /> in which to cure any monetary default and thirty(30) days in which to cure any non- <br /> monetary default, provided the defaulting party shall have such extended period as may be <br /> required beyond the thirty(30) days if the nature of the cure is such that it reasonably <br /> requires more than thirty (30) days and the defaulting party commences the cure within the <br /> thirty (30)day period and thereafter continuously and diligently pursues the cure to <br /> completion. The non-defaulting party may not maintain any action or affect any remedies <br /> for default against the defaulting party unless and until the defaulting party has failed to cure <br /> the same within the time periods provided in this Section. <br /> 33. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot <br /> reasonably be expected to be repaired within sixty(60) days following same or, if the Property <br /> is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt <br /> LICENSEE's operations at the Premises for more than sixty (60)days, then LICENSEE may at <br /> any time following such fire or other casualty, provided LICENSOR has not commenced the <br /> restoration required to permit LICENSEE to resume its operation at the Premises, terminate this <br /> Agreement upon twenty(20)days written notice to LICENSOR. Any such notice of termination <br /> shall cause this Agreement to expire with the same force and effect as though the date set forth <br /> in such notice were the date originally set as the expiration date of this Agreement and the <br /> parties shall make an appropriate adj ustment, as of such termination date, with respect to <br /> payments due to the other under this Agreement. If LICENSEE decides not to terminate this <br /> Agreement, the License Fee shall be abated proportionally to the reduction of use. <br /> 34. CONDEMNATION. In the event of any condemnation of the Premises, LICENSEE may <br /> terminate this Agreement upon fifteen (15) days written notice to LICENSOR. LICENSEE <br /> may on its own behalf make a claim in any condemnation proceeding involving the Premises <br /> for Losses related to the antennas, equipment, its relocation costs and its damages and losses, <br /> and any other amount recoverable by LICENSEE under condemnation law (but not for the <br /> loss of its leasehold interest). Any such notice of termination shall cause this Agreement to <br /> expire with the same force and effect as though the date set forth in such notice were the date <br /> Page 17 of 107 <br />
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