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AG 2012 08 20
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AG 2012 08 20
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Last modified
8/21/2012 1:00:56 PM
Creation date
11/27/2017 11:10:58 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/20/2012
Board
Board of Commissioners
Meeting Type
Regular
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15. DEFAULT AND RIGHT TO CURE. <br />(a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non - payment of Rent if <br />such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or <br />(ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of <br />written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has <br />commenced to cure such default within such period and provided that such efforts are prosecuted to completion with <br />reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If <br />Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and <br />remedies available to it under law and equity. <br />(b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) failure to provide <br />access to the Premises or to cure an interference problem within twenty -four (24) hours after receipt of written notice of such <br />default; or (ii) Landlord's failure to perform any term, condition or breach of any warranty or covenant under this Agreement <br />within forty -five (45) days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be <br />deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to <br />completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control <br />of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure <br />Landlord's default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (ii) any and all <br />other rights available to it under law and equity. <br />16. ASSIGNMENT /SUBLEASE. The rights and duties arising under this Agreement may not be sold, assigned or <br />transferred without the written consent of the County. Tenant may not sublease the premises or any interest therein without the <br />prior written consent of the County. <br />17. NOTICES. <br />(a) All notices, requests, demands and communications hereunder will be given by first class certified or <br />registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when <br />properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: <br />If to LANDLORD: Countv of Cabarrus <br />PO Box 525 <br />Concord, NC 28026 -0525 <br />Attn: Capt. Phillip Patterson <br />Cabarrus <br />County Sheriff's Office <br />Communications Division <br />Fax: 704 - 920 -3172 <br />With a copy to: County Attorney <br />PO Box 707 <br />Concord, NC 28026 -0707 <br />Fax: 704 - 920 -2100 <br />If to TENANT: New Cingular Wireless PCS, LLC <br />Attn: Network Real Estate Administration <br />Re: Cell Site: WND- 074PO331 <br />Fixed Asset #: 10132844 <br />12555 Cingular Way, Suite 1300 <br />Alpharetta, GA 30004 <br />With copy to: New Cingular Wireless PCS, LLC <br />Attn: Legal Department <br />Re: Cell Site: WND- 074PO331 <br />Fixed Asset #: 10132844 <br />1025 Lenox Pak Boulevard 5th Floor <br />Atlanta, GA 30319 <br />The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Either party <br />hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. <br />F -2 <br />Page 81 <br />
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