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or withheld b A Lessor in Lessor's sole discretion. Notwithstanding the foregoing, Lessee may <br /> make non-ma:erial modifications to Lessee's Equipment without consent, including but not <br /> limited to mail tenance, repairs, like-kind or similar replacements of Equipment, provided none <br /> of the modified or replaced Equipment is larger than the Equipment approved by Lessor. <br /> If inst. lation of the Equipment requires relocation of existing communication equipment <br /> (to include c o ax cable, antennae, brackets, hardware, etc.) owned by other communication <br /> carriers, Less:- shall be responsible for obtaining the consent of such carriers and all costs and <br /> labor associatid with these modifications shall be the responsibility of the Lessee and shall be <br /> considered to 1 e an integral part of this Lease. Any agreements among various communication <br /> carriers assoc :ted with these modifications shall be the responsibility of the Lessee. Lessee <br /> shall defend, ii demnify and hold Lessor harmless from any claim made by such other carriers as <br /> a result of Lessee's acts or omissions. <br /> Prior to the installation of any Equipment, all installation plans, including plans for the <br /> attachment o Lessee's equipment, for the relocation of existing equipment owned by other <br /> carriers, for y modifications to the Water Tower, and for the installation of any personal <br /> property own!o by the Lessee that is to be located on the Property or attached to the Water <br /> Tower, must 1- approved by Lessor, which approval may be conditioned or withheld by Lessor <br /> in Lessor's so - discretion. Lessor may also require proof of Lessee's ability to pay for all work <br /> to be perform:o on the Property, prior to the commencement of such work by Lessee or Lessee's <br /> contractors. <br /> Any p: sonal property owned by Lessee, whether fixed or attached to the Property or the <br /> Water Tower, .hall remain the exclusive property of Lessee, and the risk of loss to same will be <br /> solely Lessee'.. No Equipment shall be permanently attached or welded to the Water Tower <br /> without Lessor 's prior written approval. If welded attachments are approved, Lessee shall be <br /> responsible fo the cost of replacing interior or exterior tank coatings that are damaged by <br /> welding. All l eplacement of coatings shall meet the exact specifications of the existing tank <br /> coating, be peg+formed by contractor's approved in advance by Lessor, and be completed within <br /> thirty (30) da i. of the time that welding on the tank occurs. All costs associated with the new <br /> coatings, to i lude operational costs (i.e., draining elevated tank), shall be paid on demand by <br /> Lessee. <br /> Lessor :rants Lessee limited access to the Water Tower and the Property for the purpose <br /> of installing, s berating and maintaining the Equipment. Access shall be limited to such access as <br /> Lessor's authorized representative shall approve, in writing, which access shall be consistent <br /> with Lessee's eed to install, operate and maintain the Equipment and Lessor's need to operate <br /> and maintain 1 e Water Tower. Lessor shall have its personnel on site at any time Lessee is on <br /> the Property, .1 d Lessee shall reimburse Lessor for Lessor's costs to have its personnel on site, <br /> including Les'or's on-call or overtime costs if Lessor's personnel are required to be on the site at <br /> times other t :n normal business hours. Lessee shall give Lessor 12 hours notice in a non- <br /> emergency sit ation, or 1 hour notice in an emergency situation, of its need to enter the Water <br /> Tower and LIsor shall arrange to have its personnel present. Under no circumstances shall <br /> Lessee or its eji ployees or agents enter the Water Tower unless an employee if Lessor is present. <br /> Notwithstandil g the foregoing, Lessee shall have unrestricted access to its Equipment located on <br /> the ground sp. e at all times. <br /> 2 <br /> 59 <br />