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Site Name: Lake Elmo Temp <br /> <br />LICENSE w1-Time Fee– 5-5-10 2 <br />occupancy of the Property by Licensor or its employees or agents or (2) contamination of the Property subsurface <br />or structures with hazardous substances; provided, however, Licensor shall have no obligation to indemnify or hold <br />harmless against any such liabilities and losses as may be due to or caused by the acts or omissions of Licensee or <br />its employees or agents. Except for the indemnity obligations set forth in this Agreement, and otherwise <br />notwithstanding anything to the contrary in this Agreement, Licensor and Licensee each waives any claims that <br />each may have against the other with respect to consequential, incidental or special damages, however caused, based <br />on any theory of liability. <br /> <br /> 6. Operation of Equipment. Licensee will install, operate and maintain its Equipment in accordance with <br />applicable laws and regulations so as not to cause interference (as that term is defined in the rules and regulations of <br />the Federal Communications Commission), with any radio or television transmitting or receiving equipment whether <br />or not such equipment is located on the Licensed Site. In the event that Licensee’s Equipment causes interference <br />with other radio or television transmissions, Licensee will promptly take all reasonable steps necessary to correct and <br />eliminate the same. If Licensee is unable to eliminate the interference within a reasonable period of time, Licensee <br />agrees to remove the Equipment from the Licensed Site and this License shall be terminated. <br /> <br /> 7. Assignment. Licensee may shall have the right to assign this License to any present or future affiliate <br />of Licensee, without securing the consent of Licensor. and may grant to any such assignee the same rights and <br />privileges Licensee enjoys under this License. <br /> <br /> 8. Electrical Service/Telephone/Fiber Service. Licensee agrees, at Licensee’s sole cost and expense, to <br />pay for the electric service and fees needed for the operation of Licensee’s equipment. Licensor agrees to grant the <br />electric utility company any necessary permission, including temporary easement, for the electric line and <br />meter/sub-meter installation, should the electric utility company require written permission or temporary easement. <br /> <br />9. Damage to Licensed Site. If the Licensed Site or any portion thereof is damaged by Licensee, Licensee <br />shall promptly return the Site to its original condition, and Licensee shall be responsible and liable for any and all costs <br />of such restoration. Should Licensee fail to promptly restore, Licensor shall be authorized to do the same and charge <br />all associated costs to Licensee which shall be paid within ten (10) days of Licensee’s receipt of an invoice therefor. <br />If the Licensed Site or any portion thereof is damaged by any other cause or for any reason so as to render the Licensed <br />Site unusable for Licensee’s intended purpose, the License Fee shall abate for such period as the Licensed Site is <br />unusable. In addition, Licensee may, at its option, elect to terminate this Agreement. <br /> <br /> 10. Notices. Any notice or demand required or permitted to be given or made hereunder shall be deemed <br />given when received. Notices may be sent by messenger delivery, overnight delivery, or by certified mail in a sealed <br />envelope, postage prepaid, <br /> <br />addressed in the case of Licensor to: <br /> <br /> City of Lake Elmo <br />3880 Laverne Avenue North <br />Lake Elmo, MN 55042 <br /> <br /> <br />and addressed in the case of Licensee, to: <br /> <br />New Cingular Wireless PCS, LLC <br />Attn: Network Real Estate Administration