2011 010 Ordinance - Laserfiche WebLink

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3/15/2011 X3ZTII. LICENSEE'S PROPERTY Licensor shall not be liable for the death of or any injury to any person(s) or damage to any property resulting from fire, explosion, any falling items, gas, electricity, water, rain, snow or leaks from any part. of the Premises from any cause whatsoever, unless the same results from the negligence of Licensor, or its agents, servants, employees, contractors, invitees and assigns or the failure of Licensor to make repairs or maintenance required hereunder. XXIV. RELOCATION OF TOWER Licensor may, at its election, relocate the Tower to an alternative location or property owned or leased by Licensor. Such relocation of the tower will (i) be at Licensor's sole cost, (ii) not result in an interruption of Licensee's communications services. The relocation of any of the Licensee's equipment shall be at the sole cost of the Licensee and such relocation shall be performed by Licensee in a timely manner. Upon such relocation, the Premises covered herein shall be the new Tower and the new ground area on which the new Tower sits. At the request of either party, Licensor and Licensee shall enter into an amendment of this License, to clarify the rights of Licensee to the riew Tower. Licensee may terminate this License during the first thirty (30) days following the relocation by written notice to Licensor in the event that the Site no longer supports the User's radio frequency network. XXV. FORUM DESIGNATION/V6'AIVER OF JU12X TRIAL Any action or proceeding against any of the parties hereto relating in any way to this License or the subject matter hereof shall- be brought and enforced exclusively in a court of competent jurisdiction located in Franklin County, Ohio, and the parties hereto irrevocably consent to the exclusive jurisdiction of such courts in respect of any such action or proceeding. XXVI. WAIVER No waiver by either party of a breach of any term, condition, provision, covenant or obligation of this License shall be construed to be a waiver of any future breach of the same or other term, condition, provision, covenant or obligation hereof. No receipt of money by Licensor from Licensee or others after the giving of any notice of default, or after the termination of this License, or after the commencement of any suit, shall reinstate,.continue or extend the term of this License, or affect any such notice, demand or suit. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to exclude or waive the right to the use of another. XXVII. SURVIVAL The representations, warranties, covenants, indemnities and agreements of the parties contained in this License shall survive the expiration or termination of the term of this License and shall be and continue in effect notwithstanding the fact that MARCS may waive compliance with any of the other provisions of this License. . Page 14 of 26