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HomeMy WebLinkAboutHWAZ Video Services Agreement FINAL - signedUniform Video Service License Agreement Date of Issuance: February 26, 2024 This Uniform Video Service License Agreement ("License") is made on the date of issuance hereof by and between the Town of Fountain Hills, an Arizona municipal corporation (“Licensor") and HWAZ LLC____ , a(n) Delaware limited liability company (“Licensee"). RECITALS WHEREAS, Licensee has filed a completed application and affidavit under Title 9, Chapter 13, Arizona Revised Statutes ("Licensing Statute"), for Licensor to issue a Uniform Video Service License to Licensee; and WHEREAS, Licensee is authorized under the laws of the State of Arizona to provide Cable Service. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the mutual covenants set forth herein, the Parties agree as follows: 1. Definitions. Capitalized terms that are not defined herein have the same meaning prescribed in the Licensing Statute, including A.R.S. Section 9-1401. 2. Licensee Information. The following appear on Exhibit A attached hereto and are incorporated herein by this reference: 2.1 The name of Licensee, its type of entity and its jurisdiction of formation. 2.2 The address and telephone number of Licensee's principal place of business. 2.3 The names, titles and addresses of Licensee's principal executive officers or general partners. 2.4 The names, titles, telephone and fax numbers and email addresses of any persons authorized to represent Licensee before Licensor. 3.Grant of License. Under the Licensing Statute, Licensor hereby issues to Licensee, and Licensee hereby accepts from Licensor, a nonexclusive Uniform Video Service License. 3.1 The Service Area in which this· License authorizes Licensee to provide Video Service in the area described on Exhibit B is attached hereto and incorporated herein by this reference. 3.2. Licensor grants Licensee authority in the delivery of Video Service to use and occupy, and to construct and operate a Video Service Network in, Highways in the Service Area in compliance with the Licensing Statue and this License. 3.3 Licensee may operate and maintain facilities installed in the Highways in the Service Area to provide services pursuant to and subject to all the following: A.R.S, Section 9-584 and A.R.S. Title 9, Chapter 5. 4.Licensee Compliance with Law. Licensee shall comply with and be subject to: 4.1 AU valid and enforceable federal and state laws. 4.2 All generally applicable, nondiscriminatory Local Laws, including highway use, mapping, insurance, performance bonds, security fund, indemnification, letter of credit or similar requirements that apply to the use and occupation of any highway and that conform to the Licensing Statute. 4.3 All public, education and government programming requirements of the Licensing Statute. Aaron Arnson (Feb 26, 2024 16:02 MST) Aaron Arnson Rachael Goodwin (Feb 26, 2024 17:40 MST) Rachael Goodwin Town Manager 02/26/2024