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Agenda - 12-13-2022; 8-i - Approval of a License Agreement between Orange County and North State Communications Advanced Services, LLC of North Carolina
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Agenda - 12-13-2022; 8-i - Approval of a License Agreement between Orange County and North State Communications Advanced Services, LLC of North Carolina
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12/8/2022 2:32:24 PM
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BOCC
Date
12/13/2022
Meeting Type
Business
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Agenda
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8-i
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7 <br /> IT IS UNDERSTOOD AND AGREED by the parties that: <br /> a. Said License shall commence on the date first above recorded and will continue until such <br /> time as it is terminated pursuant to the terms of this License Agreement. <br /> b. The execution and delivery of this License Agreement by the Licensor and its acceptance <br /> by the Licensee shall not obligate the Licensee to construct or re-construct the POP. <br /> c. Licensee shall utilize the licensed area for the limited purpose of constructing and <br /> maintaining the POP as noted herein. Ownership of the POP shall remain with the <br /> licensee. <br /> d. The Licensor shall in all other respects remain the fee owners of the Property and areas <br /> subject to this License Agreement, and may make all lawful uses of the Property not <br /> inconsistent with the License. <br /> e. The Licensor shall not be held responsible for any construction, reconstruction, or <br /> maintenance of the POP unless such authority is released to it by the Licensee and <br /> Licensor agrees in writing to such release. <br /> f. The Licensee shall not perform any sub-grade maintenance or modification to the POP <br /> without prior written authorization from the Licensor. <br /> g. In the event the Licensee fails to install the POP within one (1) year of the date of this <br /> License Agreement or fails to maintain POP in its condition and location as described in <br /> Exhibit 1 and Licensor or its successors, heirs, or assigns notifies the Licensee in writing <br /> of such failure and the Licensee does not cure such failure to construct or perform <br /> necessary maintenance within thirty (30) days of receipt of written notice, such failure will <br /> result in termination of the License Agreement immediately upon the expiration of the thirty <br /> (30) day cure period, and Licensor or its successors, heirs, or assigns may take <br /> possession of and remove the POP from the Property. <br /> h. Licensee shall obtain, at its sole expense, Commercial General Liability Insurance, <br /> Automobile Insurance, Workers' Compensation Insurance, and any additional insurance <br /> as may be required by County's Risk Manager as such insurance requirements are <br /> described in the Orange County Risk Transfer Policy and Orange County Minimum <br /> Insurance Coverage Requirements (each document is hereby incorporated by reference <br /> and may be viewed at: <br /> http://www.orangecountync.gov/departments/purchasing division/contracts.php <br /> Licensee shall not commence work until evidence of such insurance, with Orange County <br /> named as an additional insured for general liability, has been received and reviewed by <br /> the County's Risk Manager. <br />
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