THIS RIGHT OF ENTRY AGREEMENT (the “Agreement”), executed on the date the “Service Contract” is executed, hereby referred to as (the “Commencement Date”), is by and between customer referred to in “Service Contract” as “Customer” (hereinafter the “Owner”), whose address is listed as the “Service Address” on the “Service Contract” and Broadwave, LLC, by itself and on behalf of its affiliates (collectively, the “Operator”), whose address is 1111 12th St. Suite 106, Key West, FL 33040. Operator and Owner may individually be referred to as a “Party” or collectively as the “Parties.”
- Owner represents and warrants that Owner: (a) is the fee simple owner of the land, improvements, and building which constitute the Property (defined below) and has full power and authority to grant to Operator the rights set forth in this Agreement; or (b) through written agreement with the fee simple owner of the Property, has the full power and authority to grant to Operator the rights set forth in this Agreement.
- In consideration of the mutual benefits and obligations set forth herein, Owner grants to Operator and Operator’s employees, agents, and contractors a non-exclusive right of entry for ingress and egress to the property and building located at: “Service Install Address” (the “Property”) for the purpose of installing, operating, repairing, replacing, removing, and maintaining all necessary equipment, including, without limitation, lines, wires, poles, conduits, pipes, converters, amplifiers, splitters, lock boxes and facilities (collectively, the “System”) in order to sell, market, and provide Operator’s television, data, Internet, telecommunication and other entertainment services (collectively, “Services”) to occupants of the Property (collectively, “Occupants”). The rights granted hereunder shall be deemed to include a right for Operator to have access, and a right to use, all risers in the building, house wiring, utility easements, underground conduit, ducts, building entrance facilities, building utility entrance facilities, utility closets in the building, whether in common areas or in an Occupant’s premises (with Occupants’ approval), rights-of-way, private roads and other areas on the Property as reasonably required for the purpose set forth above.
- The term of this Agreement commences on the Commencement Date and shall remain in full force and effect until the later of: (a) the date that is 5 years after the Commencement Date; or (b) the date that is 24 months after the date that Operator ceases to provide Services to Occupant(s) at the Property (the “Term”).
- Occupants, if they desire to receive Services, shall be charged and billed individually for such Services by Operator. Operator shall be responsible for any and all material damages directly caused to the Property by Operator’s installation, operation, maintenance and removal of the System.
- Ownership of all parts of the System shall be and remain the personal property of the Operator. No entity or person, other than Operator, may use any part of the System. Owner shall not, and Owner shall not authorize any third party to, tamper with, make alterations to, or remove any components of the System. The System is not, and shall not be deemed to be, affixed to or a fixture of the Property. Operator shall install, operate and maintain the System on the Property at its own expense and in accordance with all applicable laws. If Owner requests, Operator shall submit for advanced approval the drawings and/or plans for the installation of the System, and such approval shall not be unreasonably withheld, conditioned, or delayed by Owner.
- Operator agrees to maintain Commercial General Liability Insurance, with limits of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, sickness or death, and property damage.
- This Agreement may be freely assigned by either Party, provided that the assignee agrees to be bound by all of the terms and conditions hereof. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, legal representatives and assigns.
- OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES–EXPRESS OR IMPLIED– REGARDING THE SYSTEM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OPERATOR OR OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
- Owner agrees to provide Operator access to rooftop(s) in order to place microwave antennas on the rooftop to deliver service to/from the building. Owner agrees to provide Operator exclusive use of the following public licensed and unlicensed microwave frequencies: 3.0ghz, 5.0ghz, 6.0ghz, 11ghz, 13ghz, 18ghz, 23-24ghz, 60ghz, 70-80ghz for the betterment and to insure the integrity of wireless service Operator delivers to and from the building. Operator has first right of refusal for any 3rd party antennas that are requested to be installed at the Property.
- Owner reserves the right to grant other easements on or rights of access to the Property, but will not allow such other grants to interfere with the rights conveyed in this Agreement.
- This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterpart together shall constitute one and the same instrument. This agreement is to be deemed executed and enforced upon physical or electronic signature of Master Service Agreement, whereas this agreement is specifically referenced under Section 25. RIGHT OF ENTRY AGREEMENT.