2006/04/05 Council Agenda Packet

8 The Snohomish County Emergency Radio System 1121 SE EverettMall Way, Suite 210 Everett, WA 98208 To Licensee: City of Everett Information Technology Department 2930 Wetmore Ave, Suite 6D Everett, WA 98201 22. HOLDOVER: If Licensee shall hold over after the expiration of the initial Term of this License or after the First or Second Option Term of this License, such tenancy shall be from month to month only and upon all the terms, covenants and conditions hereof. Acceptance by Licensor of rent after such expiration or early termination shall not result in a renewal of this License nor affect Licensor's right of re-entry or any rights of Licensor herein or as otherwise provided by law or equity. If Licensee fails to surrender the Site upon the expiration of this License despite demand to do so by Licensor, Licensee shall pay two (2) times (200%) the rent herein specified (prorated on a monthly basis), interest, Licensor's attorney's fees and costs and shall indemnify and hold Licensor and Landowner harmless from all loss or liability including, but not limited to, any claim made by any succeeding Licensee founded on or resulting from such failure to surrender. Further, Licensee shall pay monthly rent during the holdover in the amount required immediately prior to the expiration, increased by two (2) times (200%) the rent herein specified. 23. WAIVERS: The waiver by Licensor or Landowner of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by Landowner shall not be deemed to be a waiver of any preceding breach by Licensee of any term, covenant, or condition of this License, other than the failure of Licensee to pay the particular rental so accepted, regardless of Licensor's and/or Landowner's knowledge of such preceding breach at the time of acceptance of such rent. 24. LIENS: Licensee shall keep the Site free and clear of any liens and encumbrances arising or growing out of the use and occupancy of said Site by Licensee. At the Licensor or Landowner's request, Licensee shall furnish the Licensor and Landowner with written proof of payment of any item, which would or might constitute the basis for such a lien on the Site if not paid. 25. RADIO FREQUENCY COMPLIANCE: Licensee agrees to comply with all Federal Communications Commission ("FCC") rules and regulations, and additionally if a Federal agency, all Interagency Radio Advisory Committee ("IRAC") or successor agency rules and regulations. Licensee will also be required to comply with future additional Federal, state or 63 15