Common Network Master License Agreement

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remedies available to City under this Agreement or a Site Agreement for any other default by Company. 6 Interest. Any amount due from Company to City which is not paid when due shall bear interest at the lesser of ten percent (10%) per annum or the maximum rate which City is permitted by law to charge, from the date such payment is due until paid, but the payment of such interest shall not excuse or cure any default by Company under this Agreement or a Site Agreement. 7. No Exclusiveness of Permit. Any license granted to Company for a Permit Property pursuant to a Site Agreement is nonexclusive and nonpossessory. Subject to Section 12 below, Company Parties must allow access to a Permit Property by representatives of City and any other parties possessing prior rights, unless separate arrangements are made with such parties. This Agreement and each Site Agreement are not intended to, nor shall they be interpreted to, create or vest in Company any leasehold or any other property rights or interests in any Permit Property. 8. Prior Rights. Each Site Agreement is made subject and subordinate to the prior and continuing right of City to use the Permit Property for any uses in which City is engaged on the Permit Property as of the date hereof. City will cooperate with Company and use reasonable efforts to minimize interference with Company's use of the Permit Property and shall notify Company of any use by City which it believes may result in interference with Company's use. 9. Term of Site Agreement. The term for this Agreement, shall commence on , 2019 ("Commencement Date"), and shall terminate on , 2024 ("Term"). The Term shall automatically extend for a period of one (1) year unless either Party notifies the other Party of its election to not extend the Agreement at least thirty (30) days prior to the end of the current term. Each Site Agreement shall specify the commencement date and termination date for that specific Site Agreement, but in no circumstances shall any Site Agreement terminate on a date that is later than the termination date of this Agreement and in no event shall the term for any Site Agreement exceed thirty (30) years. Notwithstanding the foregoing, either Party may terminate this Agreement or any Site Agreement without cause upon one hundred eighty (180) days' prior written notice to the other Party. Company's indemnity obligations set forth in this Agreement survive termination of this Agreement or any Site Agreement for any reason. Company may terminate any Site Agreement at any time upon thirty (30) days' notice to City and payment of a one-time termination fee equivalent to three (3) months of Permit Fee of such Site Agreement. 10. Default. If Company fails to comply with any of its obligations or terms of this Agreement or a Site Agreement, including without limitation, a failure to pay the Permit Fee or any other amount due under the Site Agreement, and such failure continues for ten (10) business days after delivery of written notice from City (however, if such default cannot be cured within such 10 -business day period, then Company shall have a reasonable period of time, as determined in the sole discretion of the City, to cure such default provided that Company commences a cure within such 10 -day period and thereafter diligently prosecutes a cure to completion), Company shall be deemed in breach of this Agreement and City shall have the right to terminate this Agreement. Any Site Agreements shall concurrently terminate with the termination of this Agreement. 620\3185927.7 3