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2.7. ERMUSR 03-15-2016
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2.7. ERMUSR 03-15-2016
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or withheld by Lessor in Lessor's sole discretion. Notwithstanding the foregoing, Lessee may <br /> make non-material modifications to Lessee's Equipment without consent, including but not <br /> limited to maintenance, 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 installation of the Equipment requires relocation of existing communication equipment <br /> (to include coax cable, antennae, brackets, hardware, etc.) owned by other communication <br /> carriers, Lessee shall be responsible for obtaining the consent of such carriers and all costs and <br /> labor associated with these modifications shall be the responsibility of the Lessee and shall be <br /> considered to be an integral part of this Lease. Any agreements among various communication <br /> carriers associated with these modifications shall be the responsibility of the Lessee. Lessee <br /> shall defend, indemnify 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 of Lessee's equipment, for the relocation of existing equipment owned by other <br /> carriers, for any modifications to the Water Tower, and for the installation of any personal <br /> property owned by the Lessee that is to be located on the Property or attached to the Water <br /> Tower, must be approved by Lessor, which approval may be conditioned or withheld by Lessor <br /> in Lessor's sole discretion. Lessor may also require proof of Lessee's ability to pay for all work <br /> to be performed on the Property, prior to the commencement of such work by Lessee or Lessee's <br /> contractors. <br /> Any personal property owned by Lessee, whether fixed or attached to the Property or the <br /> Water Tower, shall remain the exclusive property of Lessee, and the risk of loss to same will be <br /> solely Lessee's. 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 for the cost of replacing interior or exterior tank coatings that are damaged by <br /> welding. All replacement of coatings shall meet the exact specifications of the existing tank <br /> coating, be performed by contractor's approved in advance by Lessor, and be completed within <br /> thirty (30) days of the time that welding on the tank occurs. All costs associated with the new <br /> coatings, to include operational costs (i.e., draining elevated tank), shall be paid on demand by <br /> Lessee. <br /> Lessor grants Lessee limited access to the Water Tower and the Property for the purpose <br /> of installing, operating and maintaining the Equipment. Access to the Water Tower shall be <br /> limited to such access as Lessor's authorized representative shall approve, in writing, which <br /> access shall be consistent with Lessee's need to install, operate and maintain the Equipment and <br /> Lessor's need to operate and maintain the Water Tower. Lessor shall have its personnel on site at <br /> any time Lessee is accessing the Water Tower, and Lessee shall reimburse Lessor for Lessor's <br /> costs to have its personnel on site, including Lessor's on-call or overtime costs if Lessor's <br /> personnel are required to be on the site at times other than normal business hours. Lessee shall <br /> give Lessor 12 hours notice in a non-emergency situation, or 1 hour notice in an emergency <br /> situation, of its need to enter the Water Tower and Lessor shall arrange to have its personnel <br /> present. Under no circumstances shall Lessee or its employees or agents enter the Water Tower <br /> unless an employee if Lessor is present. Notwithstanding the foregoing, Lessee shall have <br /> unrestricted access to its Equipment located on the ground space at all times. <br /> 2 <br /> 127 <br />
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