Re: [AFMUG] Advice on clause in "tower" contract

Wed, 18 Mar 2015 08:11:48 -0700

I suppose the phrase"/caused by Licensee’s agents or equipment" /is implicitly saying that they somehow have to know that you caused the problem.
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.

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