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5.3. ERMUSR 06-14-2016
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5.3. ERMUSR 06-14-2016
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6/13/2016 10:59:28 AM
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City Government
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ERMUSR
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6/14/2016
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substances must comply with all applicable laws,ordinances and regulations governing such use.Nothing <br /> herein shall impair LESSOR or LESSEE's right of action against responsible parties under any applicable <br /> environmental law. <br /> 19. Reserved <br /> 20. MISCELLANEOUS. <br /> A. LESSEE and LESSOR each acknowledge and represent that it is duly organized,validly existing and in <br /> good standing and has all rights,power and authority to enter into this Agreement and bind itself hereto <br /> through the party set forth as signatory for the party below. LESSEE agrees to provide a signed and <br /> notarized Acknowledgment of Authorized Signature as a part of this Agreement, indicating that the <br /> person signing the Agreement is an officer of the corporation or is authorized by the corporation to bind <br /> the corporation to this Agreement. <br /> B. This Agreement supersedes all prior discussions, negotiations, agreements and understandings of the <br /> parties with respect to he subject matter of this Agreement between LESSOR and LESSEE. This <br /> Agreement may only be amended in writing signed by all parties. Exhibits referenced herein are <br /> incorporated into this Agreement by reference. No provision of this Agreement will be deemed waived <br /> by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by <br /> delay or any other act or omission of either party. No waiver by either party of any provisions of this <br /> Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to <br /> such provision. <br /> C. The LESSEE shall comply with all federal, state, and local laws, ordinances, rules, and regulations <br /> otherwise governing the placement operation,or maintenance of its equipment.LESSEE will specifically <br /> comply with OSHA vertical ladder clearance requirements, and will install RF safety signage in <br /> compliance with 47 CFR 1.1307(b)as appropriate for the Site. <br /> D The terms and conditions of this Agreement shall run with the land and shall extend to and bind the heirs, <br /> personal representatives,successors and assigns of LESSEE;provided,however,that LESSEE may not <br /> assign this Agreement without LESSOR's written consent. <br /> E. Notices shall be in writing and given by personal service or sent by United States Mail,postage prepaid, <br /> certified or registered with return receipt requested or by courier service to the address set forth above. <br /> Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the <br /> foregoing. <br /> F. This Agreement shall be construed in accordance with the laws of the State of Minnesota. <br /> G. If any term of this Agreement is found to be void or invalid,such invalidity shall not affect the remaining <br /> terms of this Agreement,which shall continue in full force and effect. <br /> H. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, <br /> acknowledge and deliver to the other a recordable Memorandum of Lease. Either party may record this <br /> memorandum at any time,at its absolute discretion. <br /> I. Any provisions of this Agreement which require performance subsequent to the termination or expiration <br /> of this Agreement shall also survive such termination or expiration. <br /> 4 <br /> 300 <br />
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