Orange County NC Website
DocuSign Envelope ID: EOC82D46-2F84-44EB-8OF9-4B562DB4309E <br /> Spectrumo.- <br /> COMMERCIAL ACCOUNT RIGHT OF ENTRY AGREEMENT <br /> This Commercial Account Right of Entry Agreement (hereinafter the "Agreement") is by and between Orange County <br /> (hereinafter the "Owner"), with a mailing address of 131 W. Margaret Lane, Hillsborough, NC 27278, and owning real <br /> estate located at 106 E. Margaret Lane, Hillsborough, NC 27278 (hereinafter the "Premises"), and Charter <br /> Communications Operating, LLC, on behalf of itself and its affiliates, (hereinafter collectively"Charter"), with a mailing <br /> address of 12405 Powerscourt Drive, St. Louis, MO 63131, Attn: Commercial Contracts Management. This Agreement <br /> commences on the later of the execution dates set forth below the signatures (hereinafter the"Effective Date"). Charter <br /> and Owner may individually be referred to as a"Party"or collectively as the"Parties". <br /> THE PARTIES AGREE AS FOLLOWS: <br /> 1. RIGHT OF ENTRY AND EQUIPMENT. <br /> a. In consideration of the mutual benefits and obligations set forth herein, Owner hereby grants to Charter a <br /> non-exclusive right of entry to the Premises and those buildings of Owner located on the Premises(including <br /> building roof top(s)) ("Buildings") for the installation, attachment, maintenance, modification, inspection, <br /> relocation,repair,upgrade,replacement or removal of any equipment and facilities and other communications <br /> accessories, equipment, apparatus, fixtures, hardware, appliances, and appurtenances and any other <br /> associated equipment (collectively, "Equipment") to provide any of Charter's services (hereinafter the <br /> "Services")to any customers who can receive Services by such Equipment. Owner also hereby authorizes <br /> Charter to utilize those conduits and ducts of Owner that Owner may designate as available for Charter's use <br /> (collectively"Conduit"). <br /> b. The rights herein granted to Charter shall include use of available power at the Premises, together with the <br /> right to access and use all i)risers in the Buildings, ii)Building entrance facilities, iii)Building utility entrance <br /> facilities, iv)utility closets in the Buildings, v)private rights-of-way, and vi)other areas on the Premises and <br /> Buildings as is reasonably required for the purpose set forth herein. <br /> c. All of the above grants and authorizations given by Owner are to the extent necessary or desirable for Charter <br /> to provide its Services to the Premises and shall extend to Charter's authorized agents. <br /> d. The Equipment is not, and shall not be deemed to be,affixed to or a fixture of the Premises. If requested by <br /> Owner, Charter shall provide to Owner the proposed route for installation of Equipment on the Premises. <br /> Charter shall install, operate and maintain the Equipment on the Premises at its own expense and in <br /> accordance with all applicable laws. <br /> 2. OWNER REPRESENTATIONS. Owner represents and warrants to Charter that Owner is the legal owner of the <br /> Premises, the Building(s) and Conduit (if applicable), and that no other person has any rights in the forgoing that <br /> conflict with Charter's rights under this Agreement. Owner recognizes Charter's right to have exclusive control over <br /> any Charter installed Equipment, and Owner will not attach to or use, and will not knowingly allow a third party to <br /> attach to or use, Charter's Equipment for any purpose without Charter's prior written consent. In the event the Owner <br /> is not executing this Agreement,the undersigned person executing on behalf of Owner represents that the undersigned <br /> is Owner's authorized agent and has full authority to bind Owner to the terms and conditions of this Agreement. <br /> 3. RESPONSIBILITY TO CONTACT PUBLIC UTILITIES. As may be required by law, Charter or its contractors will <br /> contact and coordinate with local agencies to physically mark the location of all public utility lines (including, but not <br /> limited to, water, electric, phone and sewer lines) that are located in areas in which Charter intends to install the <br /> Equipment. Owner shall not interfere with the markings designating such locations until installation is complete. <br /> Charter shall be responsible for any damage to public utility lines that are located along the routes or in the location in <br /> which Charter installs any Equipment,to the extent such damage arises from Charter's installation activities. <br /> Commercial Right of Entry Agreement v 191007 CONFIDENTIAL Page 1 of 3 <br /> ©2018,2019 Charter Communications,all rights reserved <br /> Antonio Ojeda Richard Giancola <br /> E-signed 2020-05-06 04:47PM EDT E-signed 2020-05-06 04:58PM EDT <br /> antonio.ojeda@charter.com richard.giancola@charter.com <br /> Spectrum Spectrum <br /> G Document Integrity Verified Adobe Sign Transaction Number:CBJCHBCAABAABOiRNbecdOP7Ngd Mj5k2cTeod P5N93zJ <br />