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ERMUSR MISC ITEMS 06-10-2003
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ERMUSR MISC ITEMS 06-10-2003
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10/3/2013 11:44:41 AM
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City Government
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ERMUSR
date
6/10/2003
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LESSEE gives written notice of the same within thirty (30) days after LESSEE <br /> receives notice of such casualty, and any prepaid rent shall be refunded to <br /> LESSEE. <br /> 16. QUIET ENJOYMENT. LESSEE, upon performance of its obligations hereunder, shall <br /> peaceably and quietly have, hold and enjoy the Leased Premises. ERMU shall not <br /> cause or permit any use of ERMU's property that interferes with or impairs (a) the <br /> integrity of the Communications Facility and/or the Structure to which it is <br /> attached, or (b) the quality of the communication services being rendered by <br /> LESSEE from the Leased Premises. LESSEE shall not cause or permit any use of <br /> ERMU's Property that interferes with or impairs (a) the integrity of the ERMU's <br /> Property and/or the Structure to which it is attached, or (b) the use of the <br /> Structure for its water utility related purposes. <br /> 17. DEFAULT. Except as expressly limited hereby, ERMU and LESSEE shall each have <br /> such remedies for the default of the other party hereto as may be provided at law <br /> or equity following written notice of such default and failure to cure the same <br /> within thirty (30) days. <br /> 18. INTERFERENCE. LESSEE's equipment shall be installed and operated in a manner, <br /> which does not cause interference to existing equipment. Should any such <br /> interference occur, LESSEE shall diligently pursue a cure to remove or satisfactorily <br /> attenuate such interference. If such interference to the existing equipment cannot <br /> be cured or satisfactorily attenuated, LESSEE agrees to immediately stop using its <br /> equipment if so demanded in writing by ERMU. ERMU hereby covenants to use <br /> reasonable effort to afford LESSEE similar protection from interference which may <br /> be caused by the operations of subsequent additional users of ERMU's Property. <br /> 19. MISCELLANEOUS. <br /> A. LESSEE and ERMU each acknowledge and represent that it is duly organized, <br /> validly existing and in good standing and has all rights, power and authority to <br /> enter into this Agreement and bind itself hereto through the party set forth as <br /> signatory for the party below. LESSEE agrees to provide a signed and notarized <br /> Acknowledgment of Authorized Signature as a part of this Agreement, indicating <br /> that the person signing the Agreement is an officer of the corporation or is <br /> authorized by the corporation to bind the corporation to this Agreement. <br /> B. This Agreement supersedes all prior discussions and negotiations, and contains all <br /> agreements and understandings between ERMU and LESSEE concerning the <br /> Jackson Street Tower Site. This Agreement may only be amended in writing <br /> signed by all parties. Exhibits referenced herein are incorporated into this <br /> Agreement by reference. <br /> 4 <br />
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