That’s what we’re thinking but I just wanted to throw it out there for comments. I actually didn’t intend to ask the question that I asked at the end when I started writing this. I actually meant to ask for people’s opinions about whether they read that line the way we do or if we’re overthinking this.
From: Af [mailto:[email protected]] On Behalf Of Ken Hohhof Sent: Wednesday, March 18, 2015 9:48 AM To: [email protected] Subject: Re: [AFMUG] Advice on clause in "tower" contract I think you need to have your lawyer review it. My interpretation would be this applies only if you caused the damage, then they have to give written notice, then you have 30 days to fix it. If that interpretation is correct, the language sounds reasonable. It all hinges on whether “written notice of damage caused” would be interpreted by a court to mean both that you caused the damage and that you received written notice. And not merely a written allegation that you caused the damage. From: James Howard<mailto:[email protected]> Sent: Wednesday, March 18, 2015 9:39 AM To: [email protected]<mailto:[email protected]> Subject: [AFMUG] Advice on clause in "tower" contract 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. ________________________________ Total Control Panel Login<https://asp.reflexion.net/login?domain=litewire.net> To: [email protected]<https://asp.reflexion.net/address-properties?aID=242260993&domain=litewire.net> From: 0000014c2d5b5c0a-c1a59951-246a-45b1-a3ab-44582facea97-000...@amazonses.com<https://asp.reflexion.net/address-properties?aID=3144911620&domain=litewire.net> Remove<https://asp.reflexion.net/FooterAction?ver=2&un-wl-sender-domain=1&rID=242260993&aID=3144911620&domain=litewire.net> amazonses.com from my allow list You received this message because the domain amazonses.com is on your allow list.
