225-18 Exhibit to Resolution Providing Consent for Crown Castle to Sublease Monopole at Recycling Center.pdf

injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference. 7. Insurance. Licensee shall file a certificate of liability insurance with the Township of West Orange upon the execution of this Agreement. An insurance certificate shall confirm that cancellation of the subject insurance policy will not occur without at least a thirty (30) day prior written notice to the Township of West Orange. The insurance policy shall be a commercial general liability occurrence type insurance policy issued by a duly licensed company in the State of New Jersey, with limits of not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage liability. It shall state that the insurance company waives all rights of recovery against the Township of West Orange in connection with any damage covered by such party. All co-locators, upon execution of any agreement to co-locate at this Site, shall procure similar insurance at the same level and limits as the Licensees herein, and provide a certificate of liability insurance to the Municipal Clerk, Purchasing Director, Town Attorney and Township Engineer of West Orange. The Insurance certificate shall be due (5) days before any construction commences. All insurance shall be properly renewed no less than thirty (30) days before each anniversary during term of this agreement. All insurance certificates and coverages shall be subject to approval by the Town Attorney. 8. Default. If any party is in default under this Agreement for a period of (a) twenty (20) days following receipt of notice from the non-defaulting party with respect to a default which may be cured solely by the payment of money, or (b) 30 days following receipt of notice from the non-defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non-defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. If the non-monetary default may not reasonably be cured within the thirty (30) day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such thirty (30) day period and proceeds with due

y be cured within the thirty (30) day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such thirty (30) day period and proceeds with due diligence to fully cure the default. 9. Counterparts. This Agreement may be executed in several counterparts, all of which, when executed, shall constitute one Agreement. 10. Governing Law This Agreement shall be governed by and interpreted under the laws of the State of New Jersey. 11. Notices. All notices and other communications required or permitted to be given under this Agreement shall be either delivered by hand, mailed postage prepared by and certified or registered mail, return receipt requested, delivered by a nationally recognized overnight courier, or sent by confirmed facsimile transmission. Such notices and other communications shall be deemed given when delivered to the intended addressee. Rejection or other refusal to accept a notice or other communication, or the inability to deliver same because of a changed address, of which no notice was given, shall be deemed to be receipt of the notice or other communication. All notices and other communications shall be addressed as follows: Ifto Township: 13