2.4. ERMUSR 09-11-2012 - Laserfiche WebLink

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withheld by Lessor in Lessor's sole discretion. Notwithstanding the foregoing, Lessee may make non-material modifications to Lessee's Equipment without consent,including but not limited to maintenance,repairs, like-kind or similar replacements of Equipment,provided none of the modified or replaced Equipment is larger than the Equipment approved by Lessor. If installation of the Equipment requires relocation of existing communication equipment (to include coax cable, antennae,brackets,hardware, etc.)owned by other communication carriers, Lessee shall be responsible for obtaining the consent of such carriers and all costs and labor associated with these modifications shall be the responsibility of the Lessee and shall be considered to be an integral part of this Lease. Any agreements among various communication carriers associated with these modifications shall be the responsibility of the Lessee. Lessee shall defend,indemnify and hold Lessor harmless from any claim made by such other carriers as a result of Lessee's acts or omissions. Prior to the installation of any Equipment, all installation plans,including plans for the attachment of Lessee's equipment,for the relocation of existing equipment owned by other carriers,for any modifications to the Water Tower,and for the installation of any personal property owned by the Lessee that is to be located on the Property or attached to the Water Tower,must be approved by Lessor,which approval may be conditioned or withheld by Lessor in Lessor's sole discretion. Lessor may also require proof of Lessee's ability to pay for all work to be performed on the Property,prior to the commencement of such work by Lessee or Lessee's contractors. Any personal property owned by Lessee,whether fixed or attached to the Property or the Water Tower, shall remain the exclusive property of Lessee, and the risk of loss to same will be solely Lessee's. No Equipment shall be permanently attached or welded to the Water Tower without Lessor's prior written approval. If welded attachments are approved,Lessee shall be responsible for the cost of replacing interior or exterior tank coatings that are damaged by welding. All replacement of coatings shall meet the exact specifications of the existing tank coaling, be performed by contractor's approved in advance by Lessor, and be completed within thirty(30) days of the lime that welding on the tank occurs. All costs associated with the new coatings,to include operational costs(i.e. draining elevated tank),shall be paid on demand by Lessee. Lessor grants Lessee limited access to the Water Tower and the Property for the purpose of installing,operating and maintaining the Equipment. Access shall be limited to such access as Lessor's authorized representative shall approve, in writing,which access shall be consistent with Lessee's need to install,operate and maintain the Equipment and Lessor's need to operate and maintain the Water Tower. Lessor shall have its personnel on site at any time Lessee is on the Property, and Lessee shall reimburse Lessor for Lessor's costs to have its personnel on site, including Lessor's on-call or overtime costs if Lessor's personnel are required to be on the site at times other than normal business hours. Lessee shall give Lessor 12 hours notice in a non- emergency situation,or 1 hour notice in an emergency situation,of its need to enter the Water Tower and Lessor shall arrange to have its personnel present. Under no circumstances shall Lessee or its employees or agents enter the Water Tower unless an employee if Lessor is present. -2-