2.4. ERMUSR 09-11-2012 - Laserfiche WebLink

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temporary location is not being used or intended to be used by Lessor, d)that the relocation will not cause interference with any other equipment located on the Water Tower; e)that the temporary location will not interfere with the Lessor's maintenance or use of the Water Tower; and f)that Lessor has approved relocation to the temporary location in writing. Alternatively, Lessee, at its sole cost and expense,may use a temporary transmission site, or Cellular on Wheels ("COW"),during the Maintenance Period,provided that the location of the COW is approved in writing in advance by Lessor. The cost of painting and repairing the Water Tower shall be borne by Lessor,unless damage to the Water Tower is caused by Lessee, in which case Lessee shall repair such damage or,at Lessor's option,reimburse Lessor for Lessor's costs and expenses incurred in such repair. The cost of painting Lessee's Equipment shall be borne by Lessee,and shall be performed routinely to maintain the appearance of the Equipment and shall be the same color as the Water Tower and must have prior written approval of Lessor. Lessor will not be responsible for damage to the Lessee's equipment while Lessor is performing maintenance on the Property or the Water Tower, except to the extent such damage is caused by the gross negligence or willful misconduct of Lessor. 8. Representations and Warranties of Lessee (a) Lessee represents and warrants that its installation,operation and maintenance of the Equipment shall comply with all Regulatory Requirements. (b) Lessee shall indemnify,defend and hold Lessor harmless from any claim against Lessor related to Lessee's installation,operation and maintenance of the Equipment, including, without limitation,any claims of contractors and subcontractors and/or any claims of any person or entity for damages or injury related to the installation, operation and maintenance of its Equipment. 9. Termination Except as otherwise provided herein,this Lease may be terminated upon written notice as follows: (a) By either party upon a default of any covenant or term hereof by the other party,which default is not cured within thirty(30) days of receipt of written notice of default(without,however,limiting any other rights available to the parties pursuant to other provisions hereof); (b) Upon thirty(30)days written notice by Lessee if Lessee is unable to obtain or maintain,through no fault of Lessee, any license,permit or other governmental approval necessary for the construction and operation of the Lessee's Equipment or business, including its ability to manage a PCS network pursuant to which the space is leased and the Equipment will be installed; or (c) By Lessor by giving Lessee twelve (12)months written notice that the Water Tower is going to be abandoned or relocated. -5-