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;eb 26 02 10:09a suresite <br />')rovlded, ?,owever N any such repax or maintenance is requKed due to the <br />acts of Owner, As agents or employees, Owner shaA reKnburse SprintCom for <br />the reasonabte coscs incurced by SprintCom to restore the damaged areas to <br />Uhe condition which existed immediately Prior thereto. Owner wil tnairdain and <br />repair a11 dher portions af the property of whi:h the Site is a pad in a propet <br />opera6ng and rsasonaby safe condition. <br />.-19. Niscellaneous. (a) This Agraemer?t applies to and binds the heirs, <br />auccessors, executas, administratois and assigns cf the Wrtros to this <br />Agreement; (b) this A9reement is yovemed bY the laws of the state in which <br />the Site is IocaEed; (c) If requested by SprintCom, Owner ag?ees promptly to <br />execute and deliver to SpriNCom a recordable kUmwandum of this <br />Agreement in the form of Exhibit B; (d) this Agreement (includ'ug the Exhibits) <br />oonstitute5 Uie entin2 agrCement beNreen the parfies and Supe?sedes all ptior <br />written aad verbal agreemerits, 2ptesentatbns, promises or uncierstandings <br />be?ween the partm. Any amendments to this Aq?eement must be in writing <br />and executed by both parties; (e) it any provision of this Agreemeni is invaUd <br />Of unenfotCCaDfC Mft tEapeCt to aay PartY, the r+emainder M this A9teement or <br />the application of such piovision to persons ather than those aa to whom d is <br />held inYalid or unenfotCeable, wil not be afkcted and each prwision of this <br />Aareement wilt be vatid aod enfar.eabte to the fuliest extent pertnitted by law; <br />(f) tte PrevaiW9 PartY in ary action or proceeding in eourt or mutuaNy agreed <br />upon arbdration proceeding to enforce the tetms of this Agreerrmt is erdiUed <br />to raceive its reasonahle attomeys' Tees and other reasonable ervforoement <br />costs and experuea from the non-prevailing party; and (g) SprimCan wil <br />substaRtially tomply wRh atl applicable Iaws relacing to ks possession and uae <br />of the site, irrc:Fudi[Q wiUiotA NmAatiOn Postirg ?equirements Of the Federal <br />Communications Cammission. <br />20. Nwr64nding Untii Fuly ExecuCed. This Agreement is tar discussan <br />purposes ony arM does not oonstitute a formal ot6er by e'dher paRy. This <br />Rgreement is not and shalt not be binding on eRher party uMl and unless A is <br />fully euecuted by hoth parties. <br />21. SeperaLe Tower Lease. SEE MIOWFICATION RIDER TO PCS SITE <br />AGREEMENT, NO. 3. <br />The folbwing ExM'btts are attached lo and made a part of this <br />Agreemen[ Exhibits A and B. <br /> <br />OWNER: The City ?° °rth Oimst?j, <br />By. .?l/dlM?+w. ? <br />Mame: Norman T. Musiai <br />Rs: Meyor <br />S.S.lTax No.: <br />Address: 5200 Dover Center Rd <br />North Olmsted, OH 44070 <br />Date: AJ, ($ Qv ? <br />i <br />wHness <br />? 1(?A 7 Mn-s <br />tT IVartte <br />Witness, <br />P" NBme <br />SPRINTCOM, INC., a Kansas coryoration <br />By: , <br />Name: <br />Its: , <br />Address: <br />Date: <br />Wftness <br />Priot Name <br />WiNess <br />Print Name <br />Attach Ex#abit A- Site Description and Exhibit 0 - Memorandum of PCS Sde AgreemeM