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ATG Communications, LLC and The City of Augusta, Richmond County, GA
Memorandum of Understanding
This Memorandum of Understanding, hereinafter called "MOU", is made effective as of Qctober
/~, 2008 between, City of Augusta Richmond County, of 530 Greene Street, Augusta, GA
J0911, and ATG Communications, LLC of 753 Broad Street, Suite 1100, Augusta, GA,
30901.
ATG Communications, LLC ("ATG") proposes, at its expense, to install, operate and maintain a
high-speed wireless network node, on the roof of the maintenance building located at 1710
Highland Avenue, Augusta, GA, 30904. The node will be used to provide high speed wireless
telecommunications services to existing and future customers.
For its part, ATG proposes to:
· Install, operate and maintain a broadband wireless network node not to exceed one (1)
access point, one (1) subscriber module, one (1) network switch and one (1)
uninterruptible power supply.
. Provide a 5 Mbps high speed wireless internet link to City of Augusta Richmond County.
. Coordinate all construction, installation, and maintenance activities with the point of
contact established by City of Augusta Richmond County.
. Provide the designated point of contact at City of Augusta Richmond County with a list
of personnel authorized to schedule and execute activities related to the broadband
wireless network node for ATG. ATG shall provide updated lists as changes demand.
. Remove any non-functioning, unnecessary and/or unwanted equipment from the roof
area, as identified by City of Augusta Richmond County
. Accept liability for any damage to the roof incurred as a result of construction or
installation. This does not include damage due to FORCE MAJEURE, vandalism, or
other causes not specifically related to the broadband wireless network node.
City of Augusta Richmond County will allow 24 hour access by A TG Communications, LLC
personnel to the A TG broadband wireless network node for emergency restoration. Normal
maintenance and inspection activities and other required work will be scheduled and coordinated
according to processes defined by City of Augusta Richmond County.
PUBLIC DISCLOSURE POLICIES: City of Augusta Richmond County and A TG
Communications, LLC may publicly disclose this MOU and any other future business initiatives
through commonly accepted press notifications or releases with prior written or electronic
facsimile approval from the other party which approval shall not unreasonably be withheld.
Written notice of any PUBLICITY Policy change shall be given by to the other party at least ten
(10) days in advance of such change.
TERMINATION: Either party may terminate this MOU by providing 120 days written notice
to the other party.
,ENTIRE MOD: This MOU contains the entire MOU of the parties and there are no other
promises or conditions in any other MOU whether oral or written. This MOU supersedes any
prior written or oral MOUs between the parties.
ATG Communications, LLC and The City of Augusta, Richmond County, GA
.'
Memorandum of Understanding
AMENDMENT: This MOU may be modified or amended, if the amendment is made in writing
and is signed by both parties.
SEVERABILITY: If any provision of this MOU shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds
that any provision of this MOU is invalid or unenforceable, but that by limiting such provision it
would become valid or enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision
of this MOU shall not be construed as waiver or limitation of that party's right to subsequently
enforce and compel strict compliance with every provision of this MOU.
APPLICABLE LAW: This MOU shall be governed by the laws of the State of Georgia.
By: Graham P. Ellison, Jr. CEO
Signature /'fJ ! ,/
ATG communicatio~ '
By: Gary Hewett
'Signature
City of Au
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