5.3 ERMUSR 06-03-2025 - Laserfiche WebLink

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2 235433v5 (iii)certain easements (the “Easements”) over the Property for ingress, egress and utilities, during the Initial Term and any Renewal Terms, as those terms are hereinafter defined. The Easements shall be as shown on Exhibit B attached hereto. The Equipment Space, Antenna Space, and Connection Space, are hereinafter collectively referred to as the “Premises.” (b)Neither the location nor the extent of the Easements or the Equipment installed on the Water Tower shall be changed without the prior written consent of Lessor, which shall not be unreasonably withheld, conditioned or delayed. 2.Use Lessee may use the Premises for the installation, construction, maintenance, operation, repair, replacement and upgrade of the Equipment. Lessee shall be permitted to install the Equipment on the Premises and to install or improve utilities on the Property over the Easements. The Equipment, including the number, location and mounting height of all antennas, and the size and location of all other Equipment, shall be as described on Exhibit C and shall be installed only as depicted and shown on Exhibit C. In the event Lessee desires to modify the Equipment installed on the Water Tower, Lessee will supply Lessor with plans and specifications (“Plans”) to be reviewed and approved by Lessor prior to commencement of construction. Lessor’s approval will not be unreasonably withheld, conditioned or delayed (and in no event delayed beyond thirty (30) days. After approval or deemed approval, the Plans will be considered incorporated in this Lease as Exhibit C. If Lessor disapproves the Plans then the Lessee will provide Lessor with revised Plans, such revisions to be within Lessee’s reasonable discretion. In the event Lessor disapproves of the revised Plans, Lessee may either i) make further revisions to the Plans and submit them to Lessor for review or ii) terminate this Lease by providing written notice to Lessor in accordance with the requirements of Section 9(b). Lessor will not knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this Lease and will return the Plans to Lessee promptly upon request. Notwithstanding the foregoing, Lessee may make non-material modifications to Lessee’s Equipment installed on the Tower without consent, including but not limited to maintenance, repairs, like-kind or similar replacements of Equipment, provided none of the modified or replaced Equipment is larger than the Equipment approved by Lessor. Subject to the notice and access requirements contained below, Lessee maintains the right to perform routine maintenance, repairs, replacements and upgrades without Lessor consent to the Equipment located within the equipment shelter on the Equipment Space. If installation of the Equipment requires relocation of existing communication equipment (to include coax cable, antennae, brackets, hardware, etc.) owned by other communication carriers, Lessee shall be responsible for obtaining the consent of such carriers and all costs and labor associated with these modifications shall be the responsibility of the Lessee and shall be considered to be an integral part of this Lease. Any agreements among various communication carriers associated with these modifications shall be the responsibility of the Lessee. Lessee shall defend, indemnify and hold Lessor harmless from any claim made by such other carriers as a result of Lessee’s acts or omissions. 176