Agmt96 Bay Area Cellular Telephone Company-AKA Cingular and AT&T

Browse Search

any other facilities, equipment or improvements that Lessee places upon the Leased Premises, repairing any damage to the Leased Premises occasioned by the installation, maintenance or removal of Lessee's improvements, fixtures, furnishings and equipment, and restoring the Leased Premises to the same condition as when Lessee received the property from Lessor, normal wear and tear excepted, provided, however, that Lessee shall not be required to remove the foundation of any tower or equipment shelter nor any underground cable or conduit more than eighteen inches below grade.. 5.02 Lessor's Rii:hts. If Lessee fails to perform Lessee's obligations under this Article 5 or under any other provision of this Lease, Lessor may at its option (but shall not be required to) enter upon the Leased Premises following expiration of the notice and cure periods provided for in Paragraph 12.01(c) (except in the case of an emergency, in which case no notice shall be required), to perform such obligations on Lessee's behalf and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the maximum rate then allowable by law shall become due and payable. 5.03 Lessor's Oblii:ations. Lessor shall have no obligation to repair and maintain the Leased Premises nor the improvements thereto and facilities placed thereon by Lessee, except if such repairs are required due to the negligence or willful misconduct of Lessor or its agents or employees. 5.04 Security Measures. Lessor has no obligation to provide any security measures at the Emerald Lake Hills Water Tank Property other than those the Lessor in its discretion determines are needed for its own facilities. Lessee may provide security measures for its facilities provided that such measures shall not limit Lessor's use of the Emerald Lake Hills Water Tank Property. Lessee shall obtain prior approval before installing or implementing any security system, device, operation or plan to protect the Leased Premises that affects Lessor's adjacent property. Lessor may have a key to the Leased Premises, however, Lessor shall not enter the Leased Premises (other than in an emergency) unless it has given Lessee twenty-four (24) hours' actual notice. In case of emergency, Lessor shall make reasonable efforts to notify Lessee prior to entering the Leased Premises and shall promptly advise Lessee of such entry promptly thereafter. 5.05 Improvements. (a) Lessee has the right to erect, maintain and operate on the Leased Premises a Cell Site, including, utility lines, transmission lines, an air-conditioned equipment shelter, electronic equipment, radio transmitting and receiving antennas and supporting structures thereto, all as more particularly shown on Exhibit B attached hereto. Lessor hereby consents to the erection, maintenance and operation of the Cell Site shown on Exhibit B. In connection therewith, Lessee has the 6. .-.".......,...,... .,--....~