HomeMy WebLinkAboutIn-Building Telecommunications Agreement with T-Mobile for Wireless Telecommunication Services
Ilv-BVILD~tvG T~LECOMMUI~CATx~N~ AGREEMEN'T'
This IN-BUILDINCr TELECOMMUNICATIONS A~RE$MENT ("Agreement"} is by and between, Meridian City ("Customer"), a~ad
T-Mobilo West Corporafion, a Delaware Corporation ("Company'), far the installation and operation of wirclass communications ~cilrties
"Facilit '} at Customer's placo of business, 3401 N Ten Mile Rd, Meridian, ID 83646 ("Premises"). For goad and valuable consideration, the
( ~
receipt and sufficiency of which is hereby acknowledged, .the parties agree as foUaws:
1 Pur ose and CJse. Customer has entetrd into a Master G~~stomer Service Agreement ("Sales Agreement") with T-lvtobile CJSA, Ina. for wireless
P
telecommunication service. G~stomer desires to supplement its wireless teleconunulvcation service by having Company install and operate the
Facility on the Premises.
a} Allowed ~Jse: t~,stomer grants Company the right to install, replace, upgrade, operate, maintain and repair the Facility, which shall
initially be Two IPBTS units, and one DSL Tine and associated equipment, together with all necessary or convenient appurtenan ~ and
rnutaally agreed upon location(s) on the Premises. Customer hereby represents and warra~tts that Customer has all necessity ngh
permissions from all necessary parties, including landlords, mortgagees, or property management companies far the placen~eilt of the
Facility on the Premises. Further, Custamtet agrees to resolve a~iy iittetferenca with the use of the Facility.
b Cost: Customer agrees to reimburse Company the amount of Zara and na1100 Dollars {$0.00} for rho cast of the Facility on the Premises,
}
which shall be due ind payable, without deduction or offset, witlun thirty (3Q}days after the full execution of this Agreement.
c) Ownership: Customer acknowledges that Company is the sole and exclusive owner of the Facility, acid Customer waives any and all
rights, including lien rights, io and to the Facility.
2) Term. This Agreement sha11 continue for a period of two {2) years (she "Term"), provided however that Company may terminate at any time if
the Sates Agreement is terminated or if Customer falls below 15 lines under the Sales Agreement. This Agreement shall continue on a manth-
to-month basis after expiration of the Term. Upon expiration ar termination, Company may, at any tune, enter the Premises to retr~cve the
Facility,
3) Access, Company shall have access to, over and across a portion of the Premises to enable Company to exercise its rights and obligations
herewnder, including, withou t limitation, ingress, egress and telecanununication and utility connections to and from the Facility.
4} Utilities. Company shall have the right to connect up electrical power for the racility from a mutually agreed upon source on or about the
Premises, and Customer shall pay the costs for all Facility usage of electricity. Further, unless af#innatively set out in writing in this Agreement,
Company shall have the right either (aback the appropriate box) {a) Q to connect the Facility to Customer's existing telecommunication lines at
Customer's sole cost, or (b) C~! to install, connect and maintain teleconmunication lines on the Pteinises at Company's cost.
S} Hold Harmless ! YnclemnlficRtion. Customer and Company hereby mutually release each other (and their successors or assigns) from liability
and waive alI right of zecoveiy agQinst the other for any loss or damage coveted by their respective first pasty Premises insurance policies for all
perils instead thereunder. Each party agrees to defend, indeiniiify and hold the other harmless fi~rnn ciaiins, causes of action, dernatids or other
liability, including environmental remediation claims (calleotively "Claims") arising from the indenuiifyiuig party's actions on or about the
Premises, except to the extent such Claims are due to the ~iegligeiice ar wi11fi~I acts of the indemnified patty, its employees, agents or
independent contractors. This indemnification shall survive the termination of this Agreement.
b} lVotice~ All notices pursuant to this Agreement shall be u~ writing and be de]iverod via next day business delivery by a itatianally recognized
overnight carrier to the address set firth below under the respective party's signature.
7) lVlisc$llaaeaus. (a} This Agreement constitutes the entire agreement and understanding of the parties regarduig the subject matter hereof, and
supersedes all offers and negotiations regarding the subject matter hereof. There are na Xepresenta#ions or understandings of any kind regarding
the subject matter hereof not set forth herein. {b) Any amendments to this A,greentent must be in writing and executed by bath parties. {c}
Customer covenants and warrants to Company that Customer has full right, power and authority to execute this Agreement. {d) Company may
assign this Agreement to a parent, subsidiary or affiliate of Company or to an entity that is merged or consolidated with Company or acquires a
controlling ownership interest in Company, upon notice to Customer, (e) This Agreement shall be construed in aecordaiace with the laws of the
state in which the Premises is located, exclusive of choice of law rules. (fl lit the event of litigation regarding the subject matter hereof the
substantially prevailing party shall be entitled to attorlieys fees and costs. (g} Each individual executing this Agreement on behalf of a patty
represents that he or she has full authority to do so, {h} If any clause, phrase, provision or portion of this Agreement or the application thereof
to any person or circumstance shall be invalid ar unenforceable under applicable law, such determination shall not affect, ~mpatr or render
invalid or unenforceable rho remaiirder of this Agreement, nor shall it affect the application of any other clause, phrase, provision or portion
hereof to other persons or circumstances. ~
IN WITNESS ~IHEREOF, the parties have executed this Agreement as of this ~ f day of ,gal 1•
CUSTOMEIL• Meridian Ciry
By:
Its:
COMPANY: T-Mobite'S~est Corporation
~ ,• ~--,.
~~
Its: Area Director, Net ork Operations & Engineering-i
Address: 33 E. Broadway Ave.
Meridian, ID 83642
208.489-x416
Address: T-Mobile Test Corporation
2625 S. Plaza Dr., Suite 440
Tempe, AZ 85282
Attn.: PCS Leasing Administrator
Witlt a copy ta:
Attn: Direct Sales Accotutt Executive
SLOSl69A Meridian Waste Water