Damage to County Network. The Licensee shall exercise reasonable care to avoid causing damage to the County Network, any portion thereof, or any other County Facilities; any Utility Pole or Conduit, or other property owned by Facility Third Parties that may be connected to or appurtenant to the County Network; or to any equipment or facilities of the County’s third-party invitees. The Licensee and not the County shall be liable for any loss or damage to the County Network or any portion thereof, to any other County Facilities, or to Utility Poles, Conduit, or Facility Third Party property, that is caused by the Licensee's employees, agents or contractors. The Licensee shall immediately report to the County any such loss or damage and shall reimburse the County or any damaged third party or parties for all actual costs incurred by the County or a damaged third party in making repairs or replacements, whichever is reasonably required, within ten (10) Days of receiving reasonably detailed documentation of such costs. The Licensee shall also be liable to the County for the reasonable cost to repair any damage to the County Network, or any component part thereof, or any other County Facilities, resulting from the operation and maintenance of the Licensee's Equipment. The Licensee's payment for damage, or reimbursement for repair or replacement, shall not be set-off from any amount due and payable under this Agreement.
Appears in 4 contracts
Samples: Master Dark Fiber License Agreement, Master Dark Fiber License Agreement, Master Dark Fiber License Agreement
Damage to County Network. The Licensee shall exercise reasonable care to avoid causing damage to the County Network, any portion thereof, or any other County Facilities; any Utility Pole or Conduit, or other property owned by Facility Third Parties that may be connected to or appurtenant to the County Network; or to any equipment or facilities of the County’s third-party invitees. The Licensee and not the County shall be liable for any loss or damage to the County Network or any portion thereof, to any other County Facilities, or to Utility Poles, Conduit, or Facility Third Party property, that is caused by the Licensee's employees, agents or contractors. The Licensee shall immediately report to the County any such loss or damage and shall reimburse the County or any damaged third party or parties for all actual costs incurred by the County or a damaged third party in making repairs or replacements, whichever is reasonably required, within ten (10) Days of receiving reasonably detailed documentation of such costs. The Licensee shall also be liable to the County for the reasonable cost to repair any damage to the County Network, or any component part thereof, or any other County Facilities, resulting from the operation and maintenance of the Licensee's Equipment. The Licensee's payment for damage, or reimbursement for repair or replacement, shall not be set-off from any amount due and payable under this Agreement. Notwithstanding the foregoing, each party shall be responsible for any and all costs, damages, claims, liabilities or judgements which arise as a result of the negligence or intentional wrongdoing of its employees.
Appears in 1 contract
Samples: Master Dark Fiber License Agreement