This Agreement is between MAW Communications, Inc. (“MAW”), a Pennsylvania Public Utility, and the Occupant/Tenant of any property registering for telecommunications services with MAW to install and maintain MAW’s telecommunications facilities (“Facilities”) into and or across the property and or into the building and or residence located at the registered address.
The Occupant/Tenant indemnifies and holds MAW harmless from any and all incidental or consequential claims, actions, torts, proceedings, expenses, damages or liabilities including attorney’s fees and court costs arising in connection with MAW’s Facilities and or Services installed on, over or into Occupant’s/Tenant’s property.
By signing this Agreement, the Occupant/Tenant agrees to be legally bound by the terms and conditions of this Agreement and that:
- The person signing this Agreement is either
- an Occupant/ Tenant with an existing lease agreement to occupy the property registering for services,
- the Owner of the registering property who currently lives on the premises,
- the Owner of the property identified above who currently DOES NOT live on the premises,
- an Owner of multiple properties that they would like to connect
- Occupant/Tenant agrees to allow MAW and any of its properly identified employees, contractors, or representatives of MAW onto the property to install, maintain, and repair its Facilities.
- Taking into consideration the Occupant/Tenant preferences, MAW will determine all aspects of the installation and maintenance of its Facilities.
- MAW will install and maintain its Facilities in a commercially reasonable manner and will reasonably attempt to notify Occupant/Tenant at least 24 hours in advance of construction. MAW will additionally attempt to reasonably accommodate any rescheduling requests by the Occupant/Tenant, but the Occupant/Tenant will be responsible for any damages or losses resulting from any delays due to rescheduling.
- The Occupant/Tenant is responsible for securing and maintaining the area above and around MAW’s Facilities and to provide 24 hour per day, 7 days a week access to MAW for construction, maintenance and or repair of its Facilities. Failure to preserve free access to MAW to maintain and construct its Facilities, or to tamper with and or in any way interfere with MAW’s Facilities is a violation of Federal and Pennsylvania law.
- MAW may remove or abandon its Facilities by written notice by MAW to Occupant/Tenant.
- The Occupant/Tenant may not use MAW’s Facilities for any unauthorized activity or purpose whatsoever.
- This Agreement will continue until such time as it may be terminated in writing by MAW. However, under all circumstances, MAW’s Facilities will remain the sole property of MAW.
- If an event of Default has occurred, MAW shall recover from the Occupant/Tenant any and all costs associated with restoring MAW’s Facilities that are in the care, custody, and control of the Occupant/Tenant.
- Neither MAW, nor its affiliates or subsidiaries, assume any liability whatsoever for incidental, consequential, direct or indirect losses or damages (including without limitation to bodily injury, loss of profits, loss of production or liability to any third party) or for any special or punitive damages of any nature whatsoever, arising from MAW’s Services or its installation or maintenance of its Facilities.
- This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania.
- This Agreement may be modified only by written and published amendment provided by MAW. No provision of this Agreement which may be unenforceable shall in any way invalidate any other provision.
Version 2020.1, effective as of August 4th, 2020