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ERMUSR MISC ITEMS 06-10-2003
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ERMUSR MISC ITEMS 06-10-2003
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City Government
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ERMUSR
date
6/10/2003
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improvements (collectively, the "Communications Facility"). The manner in which <br /> the Communications Facility may be attached to the Leased Premises shall be <br /> documented in Exhibits A and B and any subsequent documents as needed, and is <br /> subject to the prior approval by ERMU, such approval not to be unreasonably <br /> withheld, conditioned, or delayed. Any proposed modifications or alterations to <br /> the ERMU's structure that may affect its structural integrity shall be included in the <br /> documentation provided by the LESSEE and shall include plans and drawings <br /> signed by a professional structural engineer licensed in the State of Minnesota. <br /> ERMU shall provide LESSEE with twenty-four (24) hour, seven (7) day a week year <br /> round access to the Leased Premises. LESSEE will pay all personal property taxes <br /> (if any) assessed against its Communications Facility. LESSEE will not allow any <br /> mechanics' or materialmens' liens to be placed on the Leased Premises as a result <br /> of its work on the Leased Premises. <br /> 6. DUE DILIGENCE. LESSEE, its agents and contractors, are hereby granted the right, <br /> at its sole cost and expense, to enter upon ERMU's Property and conduct such <br /> studies as LESSEE deems necessary to determine the Leased Premises' suitability <br /> for the Communications Facility. These studies may include surveys, soil tests, <br /> environmental evaluations, radio wave propagation measurements, field strength <br /> tests and such other analyses and studies as LESSEE deems necessary or <br /> desirable. <br /> 7. UTILITIES. The LESSEE shall operate its equipment on a separately metered <br /> electrical circuit. LESSEE shall establish accounts for electrical, telephone, or other <br /> utility services as needed and shall pay all costs associated with installation and <br /> service. <br /> 8. REMOVAL OF COMMUNICATIONS FACILITY. All personal property, trade <br /> fixtures, and improvements installed by LESSEE shall remain LESSEE's property <br /> and shall be removed, at no cost to ERMU, by LESSEE within sixty (60) days of <br /> the termination of this Agreement. <br /> 9. INSURANCE. LESSEE shall maintain commercial general liability insurance <br /> acceptable to ERMU, insuring LESSEE against liability for personal injury, death or <br /> damage to personal property arising out of use of the Leased Premises by LESSEE, <br /> with combined single limits of One Million and No/100 Dollars ($1 ,000,000). <br /> LESSEE shall also maintain fire and extended coverage insurance insuring LESSEE's <br /> personal property for its full insurable value (subject to reasonable deductibles). <br /> LESSEE shall list ERMU as an additional insured on the commercial general liability <br /> policy to the extent allowed under paragraph 12 Indemnity, of this Agreement. <br /> LESSEE shall provide a certificate of insurance prior to commencement of <br /> operations. <br /> 10. CONDITION OF PROPERTY. ERMU represents that ERMU's Property is in "as is" <br /> condition. If, in ERMU's judgment, ERMU's Property or Structure become <br /> 2 <br />
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