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ERMUSR HANDOUT #3 03-10-2009
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ERMUSR HANDOUT #3 03-10-2009
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3/17/2009 3:08:17 PM
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3/10/2009
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constituting hazardous substances must comply with all applicable laws, ordinances and regulations <br />governing such use. Nothing herein shall impair LESSOR or LESSEE's right of action against <br />responsible parties under any applicable environmental taw. <br />19. ADDITIONAL COSTS. LESSEE shall reimburse LESSOR for specific and identifiable maintenance <br />costs if the maintenance cost exceeds $SOO~er year and if the required maintenance relates solely to <br />LESSEE'S use of the Property. LESSEE shall also reimburse LESSOR for reasonable engineering <br />costs if the en ing Bering costs exceed $500 per year and if the en ing eerin~ is directly related to the <br />LESSEE'S Communications Facility and the structural integrity of the water tower. <br />20. MISCELLANEOUS. <br />A. LESSEE and LE5SOR each acknowledge and represent that it is duly organized, validly existing and in <br />good standing and has all rights, power and authority to enter into this Agreement and bind itself hereto <br />through the party set forth as signatory for the party below. LESSEE agrees to provide a signed and <br />notarized Acknowledgment of Authorized Signature as a part of this Agreement, indicating that the <br />person signing the Agreement is an officer of the corporation or is authorized by the corporation to bind <br />the corporation to this Agreement. <br />B. This Agreement supersedes. all prior discussions, negotiations, agreements and understandings of the <br />parties with respect to he subject matter of this Agreement between LESSOR and LESSEE. This <br />Agreement may only be amended in writing signed by all parties. Exhibits referenced herein are <br />incorporated into this Agreement by reference. No provision of this Agreement will be deemed waived <br />by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by <br />delay or any other act or omission of either party. No waiver by either party of any provisions of this <br />Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to <br />such provision. <br />C. The LESSEE shall comply with all federal, state, and local laws, ordinances, rules, and regulations <br />otherwise governing the placement operation, or maintenance of its equipment. LESSEE will specifically <br />comply with OSHA vertical ladder clearance requirements, and will install RF safety sagnage in <br />compliance with 47 CFR 1.1307(b) as appropriate for the Site. <br />D The terms and conditions of this Agreement shall run with the land and shall extend to and bindlthe heirs, <br />personal representatives, successors and assigns of LESSEE; provided, however, that LESSEE may not <br />assign this Agreement without LESSOR'S written consent. <br />E. Notices shall be in writing and given by personal service or sent by United States Mail, postage prepaid, <br />certified or registered with return receipt requested or by courier service to the address set forth above. <br />Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the <br />foregoing. <br />F. This Agreement shall be construed in accordance with the laws of the State of Minnesota. <br />G. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the i:~maining <br />terms of this Agreement, which shall continue in full force and effect. <br />H. Either party will, at any time upon fifteen (15) days prior written notice from the other„ execute, <br />acknowledge and deliver to the other a recordable Memorandum of Lease. Either party may record this <br />memorandum at any time, at its absolute discretion. <br />4 <br />
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