My suggestion is to ask your lawyer instead of us :)
...but yes it does read like all the power is in their hands.
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.
