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
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