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7 <br />235433v5 <br /> <br />obligations arising hereunder, except Lessee shall have the duty to remove its Equipment as set <br />forth herein, repairing any damage caused in the process, and the parties shall have those rights <br />and obligations that are to survive the termination of this Lease. <br />Lessee, at its sole cost and expense, may temporarily relocate its Equipment during a <br />Maintenance Period to a different location on the Water Tower provided, however: (a) that the <br />duration of such relocation shall not exceed the Maintenance Period by more than thirty (30) <br />days; (b) that relocation space is available on the Water Tower at a location sufficient to meet <br />Lessee’s coverage or engineering needs and sufficient to allow the required maintenance to be <br />performed by Lessor; (c) that the temporary location is not being used or intended to be used by <br />Lessor; (d) that the relocation will not cause interference with any other equipment located on <br />the Water Tower; (e) that the temporary location will not interfere with the Lessor’s maintenance <br />or use of the Water Tower; and (f) that Lessor has approved relocation to the temporary location <br />in writing. <br />Alternatively, 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 approved in writing in advance by Lessor, which approval shall not be unreasonably <br />withheld, conditioned or delayed. <br />The cost of painting and repairing the Water Tower shall be borne by Lessor, unless <br />damage to the Water 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 painting Lessee’s Equipment shall be borne by Lessee, and shall be performed <br />routinely to maintain the appearance of the Equipment and shall be the same color as the Water <br />Tower and must have prior written approval of Lessor. Lessor will not be responsible for damage <br />to the Lessee’s equipment while Lessor is performing maintenance on the Property or the Water <br />Tower, except to the extent such damage is caused by the gross negligence or willful misconduct <br />of Lessor. <br />8. Representations and Warranties of Lessee; Indemnification <br />(a) Lessee represents and warrants that its installation, operation and <br />maintenance of the Equipment shall comply with all Regulatory Requirements. <br />(b) Lessee shall indemnify, defend and hold Lessor harmless from any claim <br />against Lessor related to Lessee’s installation, operation and maintenance of the <br />Equipment, including, without limitation, any claims of contractors and subcontractors <br />and/or any claims of any person or entity for damages or injury related to the installation, <br />operation and maintenance of its Equipment, except to the extent attributable to the <br />negligent or intentional act or omission of Lessor, its employees, invitees, agents or <br />independent contractors. <br />(c) Lessor agrees to indemnify, defend and hold Lessee harmless from and <br />against any and all injury, loss, damage or liability, costs or expenses in connection with <br />a third party claim (including reasonable attorneys’ fees and court costs) arising directly <br />from the actions or failure to act of Lessor, its employees, invitees, agents or independent <br />181