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2.4. ERMUSR 05-20-2014
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2.4. ERMUSR 05-20-2014
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Period and ne her party shall have any further rights or obligations arising hereunder, except <br /> Lessee shall ve the duty to remove its Equipment as set forth herein, repairing any damage <br /> caused in the 1 rocess, and the parties shall have those rights and obligations that are to survive <br /> the terminatio i of this Lease. <br /> Lessee at its sole cost and expense, may temporarily relocate its Equipment during a <br /> Maintenance '-riod to a different location on the Water Tower provided, however: (a) that the <br /> duration of su•h relocation shall not exceed the Maintenance Period; (b)that relocation space is <br /> available on t i- Water Tower at a location sufficient to meet Lessee's coverage or engineering <br /> needs and suf cient to allow the required maintenance to be performed by Lessor; (c)that the <br /> temporary loc.1 ion is not being used or intended to be used by Lessor; (d)that the relocation will <br /> not cause int. ference with any other equipment located on the Water Tower; (e)that the <br /> temporary location will not interfere with the Lessor's maintenance or use of the Water Tower; <br /> and(f)that Lessor has approved relocation to the temporary location in writing. <br /> Altern. ively, Lessee, at its sole cost and expense, may use a temporary transmission site, <br /> or Cellular on Wheels ("COW"), during the Maintenance Period, provided that the location of <br /> the COW is a..roved in writing in advance by Lessor. <br /> The c..t of painting and repairing the Water Tower shall be borne by Lessor, unless <br /> damage to the ater Tower is caused by Lessee, in which case Lessee shall repair such damage <br /> or, at Lessor's option, reimburse Lessor for Lessor's costs and expenses incurred in such repair. <br /> The cost of •;inting Lessee's Equipment shall be borne by Lessee, and shall be performed <br /> routinely to mi intain the appearance of the Equipment and shall be the same color as the Water <br /> Tower and ml st have prior written approval of Lessor. Lessor will not be responsible for <br /> damage to the Lessee's equipment while Lessor is performing maintenance on the Property or <br /> the Water To er, except to the extent such damage is caused by the gross negligence or willful <br /> misconduct of essor. <br /> 8. Repre •ntations and Warranties of Lessee <br /> a) Lessee represents and warrants that its installation, operation and <br /> mainte t ance of the Equipment shall comply with all Regulatory Requirements. <br /> b) Lessee shall indemnify, defend and hold Lessor harmless from any claim <br /> agains I Lessor related to Lessee's installation, operation and maintenance of the <br /> Equip ent, including, without limitation, any claims of contractors and subcontractors <br /> and/or ;ny claims of any person or entity for damages or injury related to the installation, <br /> operati,in and maintenance of its Equipment. <br /> 9. Termi ation <br /> Excep as otherwise provided herein, this Lease may be terminated upon written notice as <br /> follows: <br /> (a) By either party upon a default of any covenant or term hereof by the other <br /> party, hich default is not cured within thirty (30) days of receipt of written notice of <br /> 5 <br /> 46 <br />
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