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<br />vice versa; and defined terms encompass all correlating forms of the terms (e.g., the
<br />definition of “indemnify” applies to “indemnity,” “indemnification,” etc.).
<br />28.5.2 Multi-party Licensee. If there is more than one Licensee, the obligations
<br />and liabilities under this Master License imposed on Licensee will be joint and several
<br />among them.
<br />28.5.3 Captions. The captions preceding the articles and sections of this Master
<br />License and in the table of contents have been inserted for convenience of reference and
<br />such captions in no way define or limit the scope or intent of any provision of this Master
<br />License.
<br />28.5.4 Time for Performance. Provisions in this Master License relating to number
<br />of days mean calendar days, unless otherwise specified. “Business day” means a day
<br />other than a Saturday, Sunday, or a bank or City holiday. If the last day of any period to
<br />give notice, reply to a notice, or to undertake any other action occurs on a day that is not
<br />a business day, then the last day for undertaking the action or giving or replying to the
<br />notice will be the next succeeding business day.
<br />28.5.5 City Actions. All approvals, consents, or other determinations permitted or
<br />required by the City under this Master License will be made by or through the City
<br />Manager of the City or his or her designee, unless otherwise provided in this Master
<br />License or by any City ordinance.
<br />28.5.6 Words of Inclusion. The use of the term “including,” “such as,” or words of
<br />similar import when following any general or specific term, statement, or matter may not
<br />be construed to limit the term, statement, or matter to the stated terms, statements, or
<br />matters, whether or not language of non-limitation, such as “including, but not limited to”
<br />and “including without limitation” are used. Rather, the stated term, statement, or matter
<br />will be interpreted to refer to all other items or matters that could reasonably fall within the
<br />broadest possible scope of the term, statement, or matter.
<br />28.5.7 Laws. References to all Laws, including specific statutes, relating to the
<br />rights and obligations of either party mean the Laws in effect on the Effective Date
<br />specified in the Basic License Information and as they are amended, replaced,
<br />supplemented, clarified, corrected, or superseded at any time while any obligations under
<br />this Master License or any Pole or Associated Facilities License are outstanding, whether
<br />or not foreseen or contemplated by the parties.
<br />28.6 Successors and Assigns.
<br />The terms, covenants, and conditions contained in this Master License bind and inure to
<br />the benefit of the City and Licensee and, except as otherwise provided herein, their successors
<br />and assigns.
<br />28.7 Brokers.
<br />Neither party has had any contact or dealings regarding the license of the License Area,
<br />or any communication in connection therewith, through any licensed real estate broker or other
<br />person who could claim a right to a commission or finder’s fee in connection with the license
<br />contemplated herein (“Broker”), whose commission, if any is due, is to be paid pursuant to a
<br />separate written agreement between such Broker and the party through which such Broker
<br />contracted. In the event that any Broker perfects a claim for a commission or finder’s fee based
<br />upon any such contact, dealings, or communication, Licensee shall indemnify the City from all
<br />Claims brought by the Broker. This Section will survive expiration or earlier termination of this
<br />Master License.
<br />28.8 Severability.
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