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05-E StarNet Addendum
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05-E StarNet Addendum
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Last modified
11/8/2005 11:24:41 AM
Creation date
8/7/2003 10:50:32 PM
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Template:
AGENDA
Item Number
5-E
AGENDA - Type
RESOLUTION
Description
StarNet Addendum to provide wireless service to Water Treatment Plant
AGENDA - Date
8/11/2003
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Tenant's Antennae Facilities without prejudice to the Landlord's primary use of the Water <br /> Tower. If this study is done by employees of the Landlord, then Landlord shall bear the <br /> expense of this study. If this study is to be made by an outside engineer, then the engineer <br /> shall be selected jointly by Landlord and Tenant and paid by Tenant. <br /> <br /> c. Landlord does not guarantee to Tenant subsequent noninterference with Tenant's <br /> communications operations, provided, however, that in the event any other party except a <br /> governmental unit, office, or agency requests a lease and/or permission to place any type of <br /> additional antennae or transmission facility on the Water Tower, the procedures of this <br /> paragraph shall govern to determine whether such antennae or transmission facility will <br /> interfere with Tenant's transmission operations. <br /> <br /> d. If Landlord receives any such request, Landlord shall submit a proposal complete <br /> with all technical specifications reasonably requested by Tenant to Tenant for review for <br /> noninterference; however, Landlord shall not be required to provide Tenant with any <br /> specifications or information claimed to be of a proprietary nature by the third party. The <br /> third party shall be responsible for the reasonable cost of preparing the technical <br /> specifications for its proposed transmission facility. Tenant shall have thirty (30) days <br /> following receipt of said proposal to make any objections thereto, and failure to make any <br /> objection within said thirty (30) day period shall be deemed consent by Tenant to the <br /> installation of antennae or transmission facilities pursuant to said proposal. If Tenant gives <br /> notice of objection due to interference during such thirty (30) day period and Tenant's <br /> objections are verified by Landlord to be valid, then Landlord shall not proceed with such <br /> proposal unless Landlord modifies the proposal in a manner determined, in Landlord's <br /> reasonable judgment, to adequately reduce the interference. In that case, Landlord may <br /> proceed with the proposal. With ninety (90) days notice to Tenant, Landlord may be allowed <br /> to place antennae or other communications facilities on the Water Tower regardless of <br /> potential or actual interference with Tenant's use, provided however, if Tenant's use of the <br /> Premises is or will be materially affected, Tenant may terminate the Lease. <br /> <br /> e. Tenant's use and operation of its facilities shall not interfere with the uso and <br /> operation of other communication facilities on the Water Tower which pre-existed Tenant's <br /> facilities. If Tenant's facilities cause interference, Tenant shall take all measures reasonably <br /> necessary to correct and eliminate the interference. If the interference cannot be eliminated <br /> in a reasonable time, Tenant shall immediately cease operating its facility until the <br /> interference has been eliminated. If the interference cannot be eliminated with thirty (30) <br /> days, Landlord may terminate this Lease. <br /> <br />15. DEFAULT.4ND L,4NDLORD~S REMEDIES. <br /> <br /> a. It shall be a default if Tenant fails to provide the consideration stated herein in an <br /> uninterrupted and adequate manner, and does not cure such default within twenty-four (24) <br /> hours (however, that cure period may be enlarged to as soon as possible if the default is <br /> caused by an emergency); or if Tenant defaults in the performance of any other covenant or <br /> <br /> Page 6 of 18 <br /> <br /> <br />
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