NEW CINGULAR WIRELESS PCS, LLC (2)

Home Browse Search

policies of insurance obtained by Licensee concerning the Municipal Facilities, Equipment or the ROW shall waive the insurer's right of subrogation against the Licensor. Licensee shall include Licensor as joint loss payee on its self -insured property coverage in full satisfaction of the requirement to provide waiver of subrogation endorsement. 7.3 Limitation on Consequential Damages. Neither party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 8. PERFORMANCE BOND. In order to secure the performance of its obligations under this Agreement, Licensee will provide the following security instrument to the Licensor: 8.1 Performance Bond. Prior to the commencement of any work under this Agreement, Licensee must provide a performance bond running to the Licensor according to this Section 8.1. The amount of the Bond shall be based on the number of attachments in the following amounts: Number of Municipal Facilities Required Security 1-50 $50,000 51-100 $75,000 101-300 $100,000 301-1000 $150,000 Greater than 1000 $200,000 The performance bond is conditioned upon the faithful performance by Licensee of all the terms and conditions of this Agreement and upon the further condition that if Licensee fails to comply with any terms or conditions governing this Agreement, there shall be recoverable jointly and severally from the principal and surety of the bond any damage or loss suffered by the Licensor as a result, including the full amount of any compensation, indemnification, or costs of removal or abandonment of Licensee's property, plus costs and reasonable attorneys' fees up to the full amount of the performance bond. Licensee will keep the performance bond in place during the term of this Agreement. This bond shall also fulfill the requirements of Section 33-240(c)(7) of the Santa Ana Municipal Code or any similar successor code provision, but only as pertaining to Licensee's Equipment on Municipal Facilities. 8.2 Assessment of the Bond. Upon Licensee's failure to pay the Licensor any amount owing under this Agreement, the performance bond may be assessed by the Licensor for purposes including, but not limited to: (a) Reimbursement of costs home by the Licensor to correct violations of the Agreement not corrected by Licensee, after Licensor provides notice and a reasonable opportunity to cure such violations. This shall include but not be limited to removal of Equipment. Page 15 of 23