Great tip! So, otherwise you would sign it? I'm runnig it past a lawyer friend but wanted to hammer out any details before he gets involved. Thanks! -RickG
On Tue, Mar 2, 2010 at 7:08 PM, Ryan Spott <[email protected]> wrote: > "unless caused by Grantor's negligent or willful > conduct or Grantor's failure to fulfill its maintenance obligations as set > forth > in Paragraph 6 above." is your out. > > This looks pretty good. > > One of the things we have added to our contracts is "legal fees arising from > litigation are the responsibility of the litigant." > > This causes governments etc to think twice before filing a $20,000 legal > battle over a $20 item. > > ryan > > On Tue, Mar 2, 2010 at 4:05 PM, Cliff <[email protected]>wrote: > >> My understanding is, even without that clause written, being a government >> they have that clause. >> >> -----Original Message----- >> From: [email protected] [mailto:[email protected]] On >> Behalf Of RickG >> Sent: Tuesday, March 02, 2010 6:04 PM >> To: WISPA General List >> Subject: [WISPA] tower contracts >> >> One of our favorite topics :) >> >> So, I've had fairly good luck with the tower agreements that I've >> posted until lately. It seems people are getting real particular these >> days, which is fine. After two years of discusions, I've finally made >> some progress of getting on a nearby towns water tank. My issue is >> that they have scrapped my contract and come up with an "easement >> contract" of their own. Its not too bad but I'm concerned about the >> "indemification section". Basically, it reads as follows: >> >> INDEMNIFICATION: >> The Grantee does hereby agree to defend, hold harmless, and indemnify >> Grantor, its successors and assigns, from any claim of liability or any >> other >> claim involving the access, utilities, or arising out of the Grantee's >> use of the >> easement described above, unless caused by Grantor's negligent or willful >> conduct or Grantor's failure to fulfill its maintenance obligations as set >> forth >> in Paragraph 6 above. As a government. the Grantor reserves all rights >> afford under its Sovereign Immunity. >> >> Basically, it protects them but not me. LOL, normally my contract does >> the reverse! Thoughts? >> -RickG >> >> >> >> ---------------------------------------------------------------------------- >> ---- >> WISPA Wants You! Join today! >> http://signup.wispa.org/ >> >> ---------------------------------------------------------------------------- >> ---- >> >> WISPA Wireless List: [email protected] >> >> Subscribe/Unsubscribe: >> http://lists.wispa.org/mailman/listinfo/wireless >> >> Archives: http://lists.wispa.org/pipermail/wireless/ >> >> >> >> >> -------------------------------------------------------------------------------- >> WISPA Wants You! Join today! >> http://signup.wispa.org/ >> >> -------------------------------------------------------------------------------- >> >> WISPA Wireless List: [email protected] >> >> Subscribe/Unsubscribe: >> http://lists.wispa.org/mailman/listinfo/wireless >> >> Archives: http://lists.wispa.org/pipermail/wireless/ >> > > > -------------------------------------------------------------------------------- > WISPA Wants You! Join today! > http://signup.wispa.org/ > -------------------------------------------------------------------------------- > > WISPA Wireless List: [email protected] > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ > -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
