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Agmt 2019 MLA for Small Cell Pole Attachment
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Agmt 2019 MLA for Small Cell Pole Attachment
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Last modified
6/5/2019 7:14:27 AM
Creation date
2/21/2019 4:31:33 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/7/2019
Retention
PERM
Document Relationships
10.A. Action 2019 0107
(Attachment)
Path:
\City Clerk\City Council\Agenda Packets\2019\Packet 2019 0107
Ord 2019-001 PAD
(Amended)
Path:
\City Clerk\City Council\Ordinances\2019
Reso 2019-002
(Approved)
Path:
\City Clerk\City Council\Resolutions\2019
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will be interpreted to refer to all Other hHDlS or nn8tt8rS that could [e8S0n8b|y fall within the <br />broadest possible scope 0fthe term, statement, O[matter. <br />28.5.7 Lovve. References to all Lovve' 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 (DfOrD8doD 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supplemented, clarified, corrected, or superseded at any time while any obligations under 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 License are outstanding, whether or not foreseen or <br />contemplated bythe 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 />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 commiaaion, if any is du8, is to be paid pursuant to 8 <br />separate written agreement between such Broker and the party through which such Broker <br />contracted. In the event that any Broker perfects 3 C|8inn for 8 COm0isSiOO Orfinder's fee based <br />upon any such C0nt8[t' d88|iDgS. or communication, Licensee SheU indemnify the City from all <br />{||@inlo brought by the Broker. This Section will survive expiration Or earlier termination of this <br />Master License. <br />28.8 Severobi|hv. <br />If any provision of this Master License or the application thereof to any penson, enLhv, or <br />circumstance is invalid or unenforceable, the remainder of this Master License, or the application <br />of such provision to persona, entitiee, or oi[cunlSt8nQ8S other than those as to which it is invalid <br />or unenforceable, will not be affected thereby, and each provision of this Master License will be <br />valid and be enforced to the full extent permitted by Law, except to the extent that enforcement of <br />this Master License without the invalidated provision would be unreasonable or inequitable under <br />all the dn:unOSt8ODeS or would frustrate 8 fundamental purpose of this MeSt8[ License. <br />28.9 Governing Law and Venue. <br />This Master License must be construed and enforced in accordance with the laws of the <br />State of California without regard to the principles of conflicts of law. This Master License is <br />[n8da, eniened, and will be performed inthe City OfSan Leandro. Any action concerning this <br />Master License must be brought and heard in the state or federal COUrtS encompassing the City <br />ofSan Leandro. <br />28.10 Entire Agreement. <br />This Master License, including all exhibits and schedukeS. contains the entire 8greenl8OL <br />between the parties, and all prior written or oral agreements regarding the same subject matter <br />are merged into this dOCUnnBnt. The parties further intend that this Master LiC8nSe, all P0|8 <br />LiCeOSeS, and all exhibits and schedules will constitute one agreement that contains the <br />CO0p|8te and exclusive atoieDl8Dt Ofits terms and that DO extrinsic evidence (including prior <br />drafts and revisions) may be introduced in any judicial, administrative, 0[other legal proceeding <br />involving this Master License. Licensee hereby acknowledges that neither the City nor the City's <br />Agents have made any representations or warranties with respect to the City PO|8S or this MaSL8[ <br />License except @Sexpressly set forth henein, and no rights, easements, or additional licenses are <br />or will be acquired by Licensee by implication or otherwise unless expressly set forth herein. <br />45 <br />
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