Supporting Documentation · Oct 16, 2018
225-18 Exhibit to Resolution Providing Consent for Crown Castle to Sublease Monopole at Recycling Center.pdf
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Show all pagesauthorities. Licensee will comply with all applicable laws relating to its possession and use of the Site. 10. Interference. Licensee shall promptly resolve technical interference problems with other equipment located at or near the Site if interference is caused by Licensee. In addition, Township of West Orange will not use, nor will Township of West Orange permit its employees, tenants, licensees, invitees or agents to use, any portion of the Ellison Avenue Site in any way which unreasonably interferes with the operations of Licensee or the rights of Licensee under this Agreement. Township of West Orange will attempt to cause such interference to cease within five ( 5) business days after receipt of written notice of interference from Licensee. In the event such interference does not cease within the aforementioned cure period then the parties acknowledge that Licensee will suffer irreparable injury, and therefore, Licensee may have the right, in addition to any other rights that it may have at law or in equity, for the Township of West Orange's breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Township of West Orange. 11. Utilities. Licensee shall pay for all utilities used by it at the Site. The Township of West Orange will cooperate with Licensee in its effort to obtain utilities from the servicing utility, including signing any easement or other instrument reasonably required by the utility company. 12. Termination. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph 13 Default and Right to Cure of this Agreement after the applicable cure periods; (b) by Licensee upon written notice to Township of West Orange, if Licensee is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board court or other governrnental authority necessary for the construction or operation of the Communication Facility as now and hereafter intended by Licensee; or (c) by Licensee on sixty (60) days prior written notice for any reason, so long as Licensee pays the Township of West Orange a termination fee equal to twelve (12) months Rent, at the then current rate, provided,
see on sixty (60) days prior written notice for any reason, so long as Licensee pays the Township of West Orange a termination fee equal to twelve (12) months Rent, at the then current rate, provided, however, that no such termination fee will be payable on account of termination of this Agreement by Licensee under any one or more of 12(b) Termination, 13 Default, 15(d) Hazardous Substances, 22 Severability, 23 Condenmation or 24 Casualty of this Agreement. (d) Licensee may terminate this Agreement with thirty (30) days written notice to the Township of West Orange without further liability if Licensee does not obtain all governrnental approvals needed which are within the control of the Township of West Orange after Licensee has taken all steps necessary and met all requirements needed to obtain such approvals, or if the Township of West Orange fails to have proper ownership of the site or authority enter into this Agreement. 13. Default. If either 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) thirty (30) days following receipt of notice 3
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