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OTHER-2022-069 Equipment placement and maintenance license agreement
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OTHER-2022-069 Equipment placement and maintenance license agreement
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Last modified
3/21/2023 10:30:55 AM
Creation date
3/21/2023 10:27:02 AM
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BOCC
Date
12/13/2022
Meeting Type
Business
Document Type
Agreement
Agenda Item
8-i
Document Relationships
Agenda - 12-13-2022; 8-i - Approval of a License Agreement between Orange County and North State Communications Advanced Services, LLC of North Carolina
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 12-13-2022 Business Meeting
Agenda - 12-13-2022; Agenda for December 13, 2022 BOCC Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 12-13-2022 Business Meeting
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DocuSign Envelope ID:A3DOFC59-070D-48DB-AC4E-405DD26F2774 <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.orangecountVnc.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 /> 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 />
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