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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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Template:
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 /> 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 /> p. By executing this License Agreement Licensee certifies that Licensee has not been <br /> identified, and has not utilized the services of any agent or subcontractor identified, on the <br />
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