New Fiber Network Property Access

Property Access License

1. Grant of License. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Subscriber hereby grants unto SiFi Networks LLC (“Network Owner”), its parents, subsidiaries, or other affiliated entities, and its suppliers, agents, Services providers and contractors, the right, privilege, and authority

   1. to deliver, and connect the Premises (listed below) to, all services that the Facilities can support (“Services”),
   2. to, in its discretion (but without any obligation), access, construct, relocate, replace, operate, repair, maintain, upgrade, configure and remove the fiber optic network facilities (including, but not limited to, fiber optic cables, drops, temporary drops, jumpers, splice enclosures, distribution hubs and distribution terminals, electronic access portals, optical network terminals, power supply units, battery backup units, innerducts, wall plates, conduits, raceways and moldings, copper cables and wires, coaxial cables and wires, jacks interconnection devices, interface modules, optical network equipment cabinets, and associated equipment and facilities) (collectively, the “Facilities”) within the building(s) and improvement(s) and upon, over, under and along the Premises which Subscriber owns or in which Subscriber has an interest and is authorized to enter into this Property Access License (this “License”) and
   3. to enter the Premises as may be necessary to exercise the rights granted by this License.
2. Term; Recordation; Authority. This License shall be irrevocable during any period in which any Services are provided to the Premises and if Subscriber terminates all Services, this License may be terminated by Subscriber upon thirty (30) days’ prior written notice to Network Owner. This License shall run with the land and at Network Owner’s sole discretion, may be recorded in the property records office of the county where the Premises are located. If Network Owner elects to record this License, Subscriber shall reasonably cooperate with Network Owner in recording this License. If Subscriber is not the owner of the Premises, Subscriber represents and warrants that the owner has granted Subscriber authority to grant this License. It is the obligation of the Subscriber to obtain any necessary approval from the owner of the Premises required for this License. At the request of Network Owner, Subscriber shall supply the owner’s name, address and phone number and/or evidence that the rightful owner has provided such approval. Subscriber shall indemnify and hold harmless Network Owner and its contractors and Service providers for claims arising due to Subscriber’s failure to obtain any required approvals or consents prior to granting this License.
3. Ownership; No Damage. Unless otherwise provided by applicable law, the Facilities shall remain at all times the Network Owner’s property and shall not become fixtures or in any way a part of the Premises. Subscriber shall not sell, lease, abandon, or give away the Facilities or any part thereof. Subscriber shall not, and shall not permit, damages or loss to the Facilities and upon termination of Services and if requested by Network Owner or Service provider, shall return the Facilities to the Network Owner or Service provider, as the case may be, in good condition. Subscriber shall be liable to Network Owner, and Network Owner may obtain reimbursement directly from Subscriber, for such damages or loss, including enforcement and court costs, and attorney fees. This provision shall survive the termination of this License.

4. Limitation of Liability.

   The limitation of liability set forth in this section apply to any acts, omissions and negligence of network owner and its suppliers, agents, providers and contractors (and each of their respective officers, employees, agents, contractors or representatives) related to this license. Under no circumstances shall network owner be liable to subscriber for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the services, facilities or any acts or omissions associated therewith, whether such claim is based on breach of warranty, contract, tort or any other legal theory. Subscriber’s exclusive remedy with respect to the use of the services or the facilities or any breach of this license, shall be Subscriber’s ability to terminate the service and to terminate this license. This section shall survive the termination of this license.

5. Miscellaneous. Signatures of this License which are transmitted by either physical or electronic means or both are valid for all purposes. If any provision of this License is held by the final judgment of any court of competent jurisdiction to be illegal, invalid or unenforceable, the validity of the remaining portions or provisions must not be impaired or affected, and the rights and obligations of the parties must be construed and enforced as if this License did not contain that certain part, term or provision held to be illegal, invalid or unenforceable. This License constitutes the entire agreement between Subscriber and Network Owner with respect to the license granted hereby and may be amended or altered only by written agreement executed by both parties, and supersedes all prior agreements, whether written or oral, between the parties. This License must be construed and enforced in accordance with the laws of the state in which the Premises are located. This License is binding upon and shall inure to the benefit of the parties and their respective successors and assigns.