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DocuSign Envelope ID: EOC82D46-2F84-44EB-8OF9-4B562DB4309E
<br /> Spectrumo.-
<br /> 4. RESPONSIBILITY TO MARK PRIVATE UNDERGROUND LINES. If Owner has private underground lines at the
<br /> Premises that could impact Charter's installation of Equipment,including,but not limited to,sprinklers,sprinkler heads,
<br /> drains, cables, pipes and wires (collectively "Impacted Private Lines") then both Parties shall, in advance of any
<br /> underground construction performed by Charter,work together,to the best of their abilities,to research the existence
<br /> of all Impacted Private Lines(hereinafter"Joint Effort"). In order to facilitate the Joint Effort,Owner provides below its
<br /> authorized representative(with contact information)regarding the Joint Effort. (Please print clearly)
<br /> Tim Northrup
<br /> Name:
<br /> Address&/or email: jnorthrup@orangecountync.gov
<br /> Phone: 919-245-2280
<br /> After the Joint Effort, the following shall take place: (i) Charter will make a determination on the need to locate and
<br /> mark Impacted Private Lines including, but not limited to,the methods and arrangements for same,and(ii)If deemed
<br /> by Charter necessary to do so,a qualified Charter contractor shall locate(including verification of)and clearly mark all
<br /> Impacted Private Lines to the extent required by Charter. In the event that Charter damages any clearly marked
<br /> Impacted Private Lines along the routes or in the location in which Charter installs any Equipment, and only to the
<br /> extent such damage(s) arise from Charter's Equipment installation activities on the Premises, then Charter shall
<br /> promptly, within a reasonable period of time, repair said damage(s)to Owner's reasonable satisfaction, after receipt
<br /> of written notice from Owner describing the scope and extent of such damage(s),which written notice,if needed,shall
<br /> be provided to Charter no later than thirty(30)days after Charter's initial installation of Equipment.
<br /> 5. INSURANCE. Charter shall maintain, at Charter's sole cost and expense, (i)commercial general liability insurance
<br /> including Property Damage, Bodily Injury and contractual liability insurance subject to standard insurance carrier
<br /> exclusions, in the amount of $2,000,000 each occurrence covering (a) to the extent caused by acts of Charter,
<br /> damages to the Premises and (b)the operations of Charter at the Premises, (ii)Auto Liability, including Bodily Injury
<br /> and property damage in the amount of$1,000,000 each accident,and(iii)worker's compensation insurance to comply
<br /> with the applicable laws of the State the Premises is located in.
<br /> 6. TERM. The term of this Agreement commences on the Effective Date and shall remain in full force and effect until
<br /> the later of: (i)the date that is five(5)years after the Effective Date, or(ii)the date that is 6 months after the date that
<br /> Charter is no longer providing Services to any tenant of the Premises (the"Term"). Following the Term, Owner may
<br /> terminate this Agreement upon 90 days advance written notice to Charter in the event Charter is no longer providing
<br /> Services to any tenant of the Premises. Should any tenant of the Premises request Services during such 90-day
<br /> termination notice period, the related notice of termination shall be deemed rescinded and thereafter null and void.
<br /> Charter may, within 90 days of the expiration or termination of this Agreement, elect to remove Charter's Equipment
<br /> or abandon in-place all or certain portions of Charter's Equipment at the Premises which, upon abandonment, shall
<br /> be deemed the property of the Owner,with lien free title thereto passing immediately to Owner at no cost to Owner.
<br /> 7. ASSIGNMENT. This Agreement may not be assigned by Charter without prior written consent from Owner, which
<br /> consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Charter may,
<br /> without obtaining Owner's prior consent, assign this Agreement to a) any direct or indirect subsidiary of Charter
<br /> Communications, Inc.,(b)any partnership in which Charter has a controlling interest,or(b)any entity which succeeds
<br /> to all or substantially all of Charter's assets or ownership interests, or the cable system operated by Charter
<br /> Communications, Inc. (or any of its direct or indirect subsidiaries) which serves the municipality in which the
<br /> Premises is located, whether by merger, sale or otherwise, provided that such successor also succeeds to the
<br /> cable television franchise agreement held by Charter Communications, Inc. (or any of its direct or indirect
<br /> subsidiaries)for the municipality in which the Premises is located.This Agreement shall be binding upon and inure to
<br /> the benefit of the Parties hereto,their successors, legal representatives and assigns.
<br /> 8. LIMITATION OF LIABILITY. CHARTER MAKES NO REPRESENTATIONS OR WARRANTIES--EXPRESS OR
<br /> IMPLIED-- REGARDING THE EQUIPMENT OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY
<br /> IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
<br /> PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. NOTWITHSTANDING ANYTHING TO
<br /> THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY NORTH CAROLINA LAW, IN NO
<br /> EVENT SHALL CHARTER OR OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
<br /> SPECIAL, RELIANCE OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
<br /> 9. INDEMNIFICATION.To the extent permitted by North Carolina Law, each Party will indemnify, defend, and hold the
<br /> other harmless from and against all liability,loss,costs,damages,(together with reasonable attorneys'fees associated
<br /> therewith)arising out of any third party claims resulting from the negligence, willful misconduct of a Party, or breach
<br /> of this Agreement(including but not limited to any representation or warranty hereunder).
<br /> Commercial Right of Entry Agreement v 191007 CONFIDENTIAL Page 2 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
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