ERMUSR HANDOUT #3 03-10-2009 - Laserfiche WebLink

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14. ~L1IE.T E?~i.lOYMENT. LESSEE, upon performance of its obligations hereunder, shall peaceably and quietly have, hold and enjo}~ the Leased Premises LESSOR- shall not. cause or permit any use of LESSO[Z`s property that interferes with or impairs (a) the integrity ofthe Communications facility and/or the Structure to which it is attached, ar (b) the quality of the communication services being rendered by LESSEE from the Leased Premises. LESSEE shall not cause or permit any use of LF.SSOR'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 efforts to afford LESSEE protection from interference which may be caused by the operations of subsequent additional users of LESSOR'S Property. l7. MAINTENANCE, IMPROVEMENT EXPENSES. After initial installation, LESSEE shall obtain written approval prior to undertaking any modification of its eCommunications €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 (I S) 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. In the event that maintenance or repair activity can not be reasonably completed without the temporary removal of LESSEE'S Communications Facility, LESSEE shall have 60 days to remove its Communications Facility. LESSOR will cooperate with LESSEE to identify an alternate temporary location reasonably acceptable to LESSEE until the rnaintertance activity is completed: =LESSEE shall not be obligated to remove its Communicatians Facility until a reasonably acceptable temporary location is identified. LESSEE'S antennas shall at all times be painted, at LESSEE's expense, the same color as the Structure. Ground located equipment shall be appropriately screened by a combination of earth berms, screening fences and plantings/trees provided by LESSEE and acceptable toLESSOR. 18. I-IAZARDOUS SUBSTANCES. LESSOR represents that it has no knowledge of any substance, chemical, or waste on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. LESSOR shall not introduce any such substance on the Property in violation of any applicable law. LESSEE shall not bring to, transport across or dispose of any hazardous substances on the Property without LESSOR'S prior written approval, except that LESSEE may keep on the Property substances used in backup power units (such as batteries and diesel generators) commonly used in the wireless communications industry. LESSEE'S use of any approved substances