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2006/04/05 Council Agenda Packet
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2006/04/05 Council Agenda Packet
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Council Agenda Packet
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4/5/2006
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8 <br /> elimination of interference; and d) Acceptability of equipment, including radio transmitters and <br /> protective devices; and any decision on any of the foregoing matters by the Licensor shall be <br /> binding upon the Licensee. Licensor will furnish Licensee with the reasons for any of its <br /> decisions in this matter. Any interference caused by radio or television transmitting and/or <br /> receiving equipment to existing licensees shall be corrected and eliminated immediately by the <br /> party and/or parties causing the interference. Licensor will function as the sole managing entity <br /> for the communications facility. In recognition of the critical nature of Licensor's installation, <br /> Licensee shall meet the same standards established for Licensor, and Licensor will have <br /> responsibility for acting as the site technical manager. Site engineering standards adhered to shall <br /> be the latest version of Licensor standards, the current version of which is attached hereto as <br /> Exhibit "C" and incorporated herein by reference. <br /> 7. LICENSE TAX: The possessory interest of Licensee in the property herein <br /> Licensed is subject to taxation under the laws of the State of Washington (RCW 82.29A.010 et <br /> seq., as amended) at the present rate of twelve point eighty-four percent (12.84%), or as may be <br /> amended by Washington State legislation, of the taxable rent to be paid to Landowner monthly <br /> under the terms of this License. This tax is in addition to the monthly rent required above. <br /> Licensee agrees to pay and Landowner agrees to collect and pay over to the State Department of <br /> Revenue the aforesaid Leasehold Excise Tax in accordance with the statutes governing it. <br /> 8. UTILITIES AND FEES: Licensee agrees to pay all charges for all utilities and <br /> services utilized by Licensee pursuant to and during the Term of the License. All other items, <br /> including all license fees and other governmental charges assessed on Licensee (except property <br /> taxes and assessments which will be handled pursuant to the provisions in previous sections) will <br /> be paid directly by Licensee, failing which the Licensor may, but is not obligated to, pay and bill <br /> Licensee, as additional rent, with interest at the highest rate allowed by law. <br /> 9. ASSIGNMENT AND SUBLETTING: <br /> A. General Prohibition - Consent Required. Licensee shall not assign or transfer this <br /> License or any interest or rights therein, nor delegate its duties under this License, nor sublicense <br /> the whole or any part of the Site, nor grant an option for assignment, delegation, transfer or <br /> sublicense for the whole or any part of the Site, nor shall this License or any interest hereunder be <br /> assignable, delegable or transferable by operation of law, or by any process or proceeding of any <br /> court or otherwise without obtaining the prior written consent of Licensor. If Licensor gives its <br /> consent to any assignment, delegation, sublicense or other transfer, this paragraph shall <br /> nevertheless continue in full force and effect, and no further assignment, delegation, sublicense <br /> or other transfer shall be made without Licensor's consent. <br /> B. Notice by Licensee — Production of Records. If Licensee desires to assign, <br /> delegate, sublicense or transfer, or grant an option for assignment, delegation, sublicense or <br /> transfer for, the whole or part of the Site, or any portion of this License or any interest therein, <br /> Licensee shall notify Licensor in writing of said desire to assign,delegate, sublicense,transfer or to <br /> grant an option and the details of the proposed agreement at least sixty (60) days prior to the <br /> proposed date of assignment, delegation, sublicense, transfer or grant to a third party. The <br /> notification shall include, but not be limited to, the proposed date of the assignment, delegation, <br /> 6 <br />
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