ERMUSR MISC ITEMS 06-10-2003 - Laserfiche WebLink

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C. The LESSEE shall comply with all federal, state, and local laws, ordinances, rules, and regulations otherwise governing the placement operation, or maintenance of its equipment. E. The terms and conditions of this Agreement shall run with the land and shall extend to and bind the heirs, personal representatives, successors and !assigns of LESSEE; provided, however, that LESSEE may not assign this Agreement. F. Notices shall be in writing and given by personal service or sent by United States Mail, postage prepaid, certified or registered with return receipt requested or by courier service to the address set forth beneath the signature of each party below. G. This Agreement shall be construed in accordance with the laws of the State of Minnesota. H. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. J. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease. Either party may record this memorandum at any time, at its absolute discretion. 20. MAINTENANCE, IMPROVEMENT EXPENSES. After initial installation, LESSEE shall obtain written approval prior to undertaking any modification of its communications facility, which approval shall not be unreasonably denied. Notwithstanding the foregoing, LESSEE shall be allowed to replace and upgrade any of its existing equipment upon fifteen (15) days prior written notice to ERMU, as long as any such replacement or upgrade equipment does not exceed in size or number LESSEE's then-existing equipment. All modifications to the Leased Premises and all improvements made for LESSEE's benefit shall be at LESSEE's expense and such improvements, including the Communications Facility and equipment, shall be maintained in a good state of repair. LESSEE's antennas shall at all times be painted, at LESSEE's expense, the same color as the Structure. Ground located equipment shall be appropriately screened by a combination of earth berms, screening fences and plantings/trees provided by LESSEE and acceptable to ERMU. In the event ERMU's reasonable maintenance of ERMU's Property affects areas involving the Leased Premises, LESSEE agrees to protect it's equipment from such repairs at LESSEE's sole cost and expense. 21 . ARBITRATION. Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration 5