We've been negotiating a "tower" contract with a municipality. We have our standard template that we use with all of our towers and have that in place with other municipalities. The current negotiation though has evolved into them taking our template and saying their attorney is going to modify it into "their contract". The distinction between whether it's theirs or ours isn't the issue right now though. Apparently we've never had any clauses specifically addressing "Repair of Premises" and they want to add the clause below. We don't have any problem with repairing any damage that we actually cause (or caused by our equipment) but this clause as they've written it seems to indicate that if they notify us that we've damaged it that we're liable even if we didn't do it and would like to dispute that fact. We think it needs something added to allow for a dispute resolution if we don't feel damage was caused by us. Any thoughts on best way to address that?
10. Repair of Premises. Upon written notice of damage to the Premises caused by Licensee's agents or equipment, Licensee shall have thirty (30) days to make any repairs necessary to restore the Premises to its original condition at Licensee's expense. Should Licensee fail to make such repairs, it shall be deemed a breach of this License. James Howard LiteWire Internet Services, Inc.
