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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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12/8/2022 3:04:22 PM
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BOCC
Date
12/13/2022
Meeting Type
Business
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Agenda
Agenda Item
8-i
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8 <br /> i. Licensee agrees, without limitation,to defend, indemnify, and hold harmless Licensor from <br /> all losses, liabilities, claims, demands, suits, costs, damages, or expenses (including <br /> reasonable attorney's fees) arising from bodily injury, including death, to any person or <br /> persons or damage to or destruction of any property caused in whole or in part by any <br /> negligent or intentional act or omission on the part of the Licensee or its agents or <br /> contractors related to the installation, use, operation, or access to the POP. <br /> j. The license granted herein is for the benefit of the Licensee and shall not be transferred, <br /> assigned, or otherwise conveyed by the Licensee; and that Licensor or its successors, <br /> heirs, or assigns may re-enter and take possession of the POP in the event the Licensee <br /> so transfers, assigns, or conveys the POP. <br /> k. Licensor, at Licensor's option, may terminate this License Agreement upon six (6) months <br /> notice to Licensee. Should Licensor exercise this option Licensor shall endeavor to <br /> provide other areas situated as near as possible to the location of the POP as <br /> contemplated by this License Agreement for the installation of the Licensee's POP. <br /> This License Agreement may be otherwise terminated by mutual agreement of the <br /> Licensee and Licensor. <br /> I. Licensor covenants with Licensee that Licensor is seized of the premises in fee simple, <br /> has the right to convey the rights, privileges, and license which are granted herein, and <br /> that title is free and clear of all liens and encumbrances which may affect the said rights, <br /> privileges, and license contained herein. <br /> m. The term of this License Agreement shall be five (5) years. The License Agreement may <br /> be renewed upon mutual written agreement of the parties. <br /> n. Both parties agree this License Agreement shall be governed by the laws of the State of <br /> North Carolina and Orange County. Licensee shall at all times remain in compliance with <br /> all applicable local, state, and federal laws, rules and regulations including but not limited <br /> to all state and federal anti-discrimination laws, policies, rules, and regulations and the <br /> Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each <br /> policy is incorporated herein by reference and may be viewed at: <br /> http://www.orangecountync.gov/departments/purchasing division/contracts.php.). <br /> Any violation of this requirement is a breach of this License Agreement and Licensor may <br /> immediately terminate this Agreement without further obligation on the part of the <br /> Licensor. This paragraph is not intended to limit and does not limit the definition of breach <br /> to discrimination. <br /> o. Upon the natural expiration or upon termination of this License Agreement any and all <br /> structures and fixtures constructed or installed on the Property shall be removed within 90 <br /> days of the expiration or termination and the Property returned to substantially the same <br /> condition as existed prior to the entry into this License Agreement. Removal shall not be <br /> required if the Licensor and Licensee agree in writing to transfer ownership of such <br /> structures and fixtures. <br />
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