5.3 ERMUSR 06-03-2025 - Laserfiche WebLink

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3 235433v5 Any personal property owned by Lessee, whether fixed or attached to the Property or the Water Tower, shall remain the exclusive property of Lessee, and the risk of loss to same will be solely Lessee’s. No Equipment shall be permanently attached or welded to the Water Tower without Lessor’s prior written approval. If welded attachments are approved, Lessee shall be responsible for the cost of replacing interior or exterior tank coatings that are damaged by welding. All replacement of coatings shall meet the exact specifications of the existing tank coating, be performed by contractor’s approved in advance by Lessor, and be completed within thirty (30) days of the time that welding on the tank occurs. All costs associated with the new coatings, to include operational costs (i.e., draining elevated tank), shall be paid on demand by Lessee. Upon prior written notice and subject to the limitations contained herein, Lessor grants Lessee twenty-four (24) hour per day, seven (7) day per week access to the Water Tower and the Property for the purpose of installing, operating and maintaining the Equipment. Access shall be consistent with Lessee’s need to install, operate and maintain the Equipment and Lessor’s need to operate and maintain the Water Tower. Lessee may access the equipment shelter within the Equipment Space at any time upon written notice to Lessor and acknowledgement of Lessor’s receipt of notice. Lessor shall have the right to have its personnel on site at any time Lessee requires access to the Water Tower, and Lessee shall reimburse Lessor for Lessor’s costs to have its personnel on site, at such employee’s normal rate of pay, including Lessor’s on-call or overtime costs if Lessor’s personnel are required to be on the site at times other than normal business hours. Lessee shall give Lessor 24 hours’ notice in a non-emergency situation, or 3 hour notice in an emergency situation, of its need to enter the Water Tower or access any Equipment on the Water Tower and Lessor may arrange to have its personnel present. Under no circumstances shall Lessee or its employees or agents enter the Water Tower unless an employee of Lessor is present. Lessee shall, prior to the installation of any Equipment on the Property, obtain all required land use approvals, building permits, and other governmental approvals required for installation and operation of the Equipment. Lessee shall also comply with all applicable governmental laws and regulations regarding the installation and operation of telecommunications equipment, including, without limitation, the requirements of the FCC, FAA, OSHA, and all other regulatory agencies with jurisdiction over the Equipment (collectively, the “Regulatory Requirements”). Failure of Lessee to comply with the Regulatory Requirements shall be a default, entitling Lessor to exercise the remedies hereinafter set forth including, but not limited to, termination of this Lease. Lessor agrees to cooperate with Lessee at no cost to Lessor with respect to obtaining any required zoning or other governmental approvals for the Site, the Facilities and contemplated use thereof. Furthermore, Lessee shall not allow its Equipment to interfere with the facilities of a user with a higher priority pursuant to Lessor’s Policy Statement, or a user whose use of the Water Tower predates the Commencement Date of this Lease (such users being “Priority Users”), provided any such Priority Users operating radio frequency transmissions equipment are operating within their respective frequencies and in accordance with all applicable Regulatory Requirements. 177