5.3. ERMU SR 02-24-2009 - Laserfiche WebLink

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interferes with or impairs (a) the integrity of the Communications Facility and/or the Structure to which it is attached, or (b) the quality of the communication services being rendered by LESSEE from the Leased Premises. LESSEE shall not cause or permit any use of LESSOR's Property that interferes with or impairs (a) the integrity of the LESSOR'S Property and/or the Structure to which it is attached, or (b) the use of the Structure for its intended purpose of portable water and property storage. 15. DEFAULT. Except as expressly limited hereby, LESSOR and LESSEE shall each have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within thirty (30) days, provided, however, that neither party will be in non-monetary default under this Agreement if it commences curing any such non-monetary default within such 30-day period and thereafter diligently prosecutes the cure to completion. 16. INTERFERENCE. LESSEE'S equipment shall be installed and operated in a manner which does not cause interference with LESSOR'S equipment or existing equipment of other lessees. Should any such interference occur, LESSEE shall diligently pursue a cure to remove or satisfactorily attenuate such interference. If such interference to the existing equipment cannot be cured or satisfactorily attenuated, LESSEE agrees to immediately stop using its equipment if so demanded in writing by LESSOR. LESSOR agrees to use all reasonable effort to afford LESSEE protection from interference which may be caused by the operations of subsequent additional users of LESSOR'S Property. 17. MAINTENANCE, IMPROVEMENT EXPENSES. After initial installation, LESSEE shall obtain written approval prior to undertaking any modification of its communications facility, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, LESSEE shall be allowed to replace and upgrade any of its existing equipment upon fifteen (15) days prior written notice to LESSOR, as long as any such replacement or upgrade equipment does not exceed in size or number LESSEE'S then-existing equipment. All modifications to the Leased Premises and all improvements made for LESSEE'S benefit shall be at LESSEE'S expense and such improvements, including the Communications Facility and equipment, shall be maintained in a good state of repair In the event LESSOR'S reasonable maintenance or repairs of LESSOR'S Property affects areas involving the Leased Premises, LESSEE agrees to protect its equipment from such repairs at LESSEE's sole cost and expense. Removed reference to matching paint, screening equipment with fencing or plantings, and removal of equipment for maintenance purposes. 18. MISCELLANEOUS. A. LESSEE and LESSOR each acknowledge and represent that it is duly organized, validly existing and in good standing and has all rights, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. LESSEE agrees to provide a signed and notarized Acknowledgment of Authorized Signature as a part of this Agreement, indicating that the person signing the Agreement is an officer of the corporation or is authorized by the corporation to bind the corporation to this Agreement. B. This Agreement supersedes all prior discussions, negotiations, agreements and understandings of the parties with respect to he subject matter of this Agreement between LESSOR and LESSEE. This Agreement may only be amended in writing signed by all parties. Exhibits referenced herein are incorporated into this Agreement by reference. No provision of this Agreement will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provisions of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. C. The LESSEE shall comply with all federal, state, and local laws, ordinances, rules, and regulations otherwise governing the placement operation, or maintenance of its equipment. LESSEE will specifically comply with OSHA vertical ladder clearance requirements, and will install RF safety signage in compliance with 47 CFR 1.1307(b) as appropriate for the Site. 3