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

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constituting hazardous substances must comply with all applicable laws, ordinances and regulations governing such use. Nothing herein shall impair LESSOR or LESSEE's right of action against responsible parties under any applicable environmental taw. 19. ADDITIONAL COSTS. LESSEE shall reimburse LESSOR for specific and identifiable maintenance costs if the maintenance cost exceeds $SOO~er year and if the required maintenance relates solely to LESSEE'S use of the Property. LESSEE shall also reimburse LESSOR for reasonable engineering costs if the en ing Bering costs exceed $500 per year and if the en ing eerin~ is directly related to the LESSEE'S Communications Facility and the structural integrity of the water tower. 20. MISCELLANEOUS. A. LESSEE and LE5SOR 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 sagnage in compliance with 47 CFR 1.1307(b) as appropriate for the Site. D The terms and conditions of this Agreement shall run with the land and shall extend to and bindlthe heirs, personal representatives, successors and assigns of LESSEE; provided, however, that LESSEE may not assign this Agreement without LESSOR'S written consent. E. Notices shall be in writing and given by personal service or sent by United States Mail, postage prepaid, certified or registered with return receipt requested or by courier service to the address set forth above. Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. F. This Agreement shall be construed in accordance with the laws of the State of Minnesota. G. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the i:~maining terms of this Agreement, which shall continue in full force and effect. H. Either party will, at any time upon fifteen (15) days prior written notice from the other„ execute, acknowledge and deliver to the other a recordable Memorandum of Lease. Either party may record this memorandum at any time, at its absolute discretion. 4