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<br /> 5.\ D-4-
<br /> Building, the contractor, subcontractor, or any entity performing such work must be approved to do so by Licensor prior to
<br /> commencement of such work. All repairs shall be performed to the satisfaction of Licensor. If Licensee fails to repair or refinish any
<br /> such damage, Licensor may, in its sole discretion, repair, or refinish such damage and Licensee shall reimburse Licensor for all costs
<br /> and expenses incurred in such repair or refinishing.
<br /> (d) Licensee shall not during construction or otherwise, in Licensor's sole and reasonable judgment, impede access to or in any
<br /> way obstruct, interfere with or hinder the use of the Building's loading docks, the sidewalks around the Building or any entrance ways
<br /> thereto. If any other foregoing occurs, Licensee shall take corrective action as soon as possible, and shall use best efforts to correct
<br /> same within two (2) hours of notice by Licensor.
<br /> (e) Licensee represents and warrants that (i) it ,mall obtain, at its sole cost and expense, prior to start of construction, all
<br /> necessary federal, state, and municipal permits, Iicense..~ and approvals and (ii) Licensee's Site Equipment, and placement of such
<br /> Site Equipment shall comply with all applicable safety standards, as modified from time to time, of any governing body with jurisdiction
<br /> over Licensee's operations. Licensee shall prominently label any equipment with appropriate safety warnings when human exposure
<br /> to radio frequency radiation may exceed the safety standards referred to in this paragraph.
<br /> (f) Licensee understands and agrees that the aesthetic characteristics of the Building are of significant commercial importance to
<br /> Licensor and agrees to ensure that the installed appearance of the Site Equipment shall match the colors, architectural, and other
<br /> aesthetic features of the Building.
<br /> 8. UTilITIES. Licensee shall be responsible for providing, at no cost to Licensor, a separate electrical panel and meter
<br /> for the Site Equipment and shall be responsible to the local electric utility for the electrical and any other utility costs attributable to the
<br /> Site Equipment. Licensee agrees that Licensor has no obligation or responsibility to provide emergency or backup power to Licensee
<br /> and Licensee acknowledges that any such provision of emergency or backup power shall be the sole responsibility of Licensee. If
<br /> necessary, Licensee may connect into the Building's electrical utility system at no cost to Licensor, to provide electricity for the Site
<br /> Equipment and shall be responsible for the electrical and any other utility costs attributable to the Site Equipment. Licensee shall pay
<br /> Licensor, as additional fees, a Utility Charge (the "Utility Charge") in the monthly sum of $125.00. Such Utility Charge is payable in
<br /> advance on or before the first (1 at) day of each calendar month (provided that the first month's Utility Charge shall be payable upon the
<br /> installation of the Site Equipment). Licensee shall provide Licensor, at Licensee's cost, a digital monitor that allows Licensor to
<br /> determine the amount of power used by Licensee. If Licensor determines the cost of electricity consumed by Licensee exceeds the
<br /> Utility Charge, then Licensee, upon receipt of written notice by Licensor and receipt of reasonable evidence of such cost, shall (i)
<br /> reimburse Licensor for the difference within thirty (30) days of the date of such notice and thereafter (ii) pay the increased monthly
<br /> Utility Charge to account for Licensee's actual electrical usage. Both parties agree that Licensor shall not be held liable for any
<br /> damages sustained by Licensee resulting from Licensee's use of these utilities. Licensee shall pay the cost of any electrical upgrade
<br /> needed at the Building as a result of the operation of Licensee's Site Equipment.
<br /> 9. MAINTENANCE AND ACCESS. Licensee, through its designated and approved employees and contractors, shall
<br /> be solely responsible for the maintenance and care of the Site Equipment and shall maintain the same in a clean, sanitary, and safe
<br /> condition and in good repair and free of any defects at all times during this Agreement. Licensee, at its sole cost, expense, and risk,
<br /> shall ensure that a physical inspection of the rooftop portion of the Site Equipment occurs at intervals of at least three times per year
<br /> and that this inspection include a survey of structural integrity and a review and correction of any loose bolts, fittings, or other
<br /> appurtenances. Licensee shall provide a written notice of such inspection not more than ten (10) days following each such inspection.
<br /> In the absence of such a notification, Licensor shall have the right (but not the obligation) to conduct or arrange for such an inspection
<br /> and corrective action and Licensee agrees to pay Licensor for the cost of same. Licensee shall have access to Premises during
<br /> normal business hours (9am-5pm, Monday through Friday) upon twenty four (24) hours advance notice to Licensor. Licensee shall
<br /> provide to Licensor a list of representatives with access authorization. At the time that such notice is given, Licensee shall inform
<br /> Licensor of the names of the persons who will be accessing the Building, the reason for entry, and the expected duration of the work to
<br /> be performed. In the event of an emergency, Licensee may access the Building on a 24 hour, seven day per week basis and shall use
<br /> best efforts to provide prior notice to Licensor before entering the Building. Licensee agrees to keep to a minimum the number of
<br /> personnel visiting the Building and the frequency of the visits,
<br /> 10. INTERFERENCE. At all times during the term of this Agreement, Licensee agrees to use equipment of the type and
<br /> frequency that will not cause interference to Licensor's equipment, interior occupant's equipment and appliances or other pre-existing
<br /> telecommunication licensee's/lessee's equipment on or in Licensor's property. If any interference to the use or enjoyment of the
<br /> Property by Licensor, occupants, or prior telecommunication licensees or lessees, results, directly or indirectly, from the operation of
<br /> any of Licensee's Site Equipment, Licensee shall have a forty eight (48) hour cure period, after written notice from Licensor, within
<br /> which to eliminate such interference. If such interference is not corrected within the forty eight (48) hour cure period, then Licensor, in
<br /> its sole discretion, may terminate this Agreement effective as of the date that is ten (10) days following such written notice to Licensee.
<br /> In such an event, Licensee shall remove its Site Equipment in accordance with Paragraph 22 of this Agreement. In any event,
<br /> Licensee agrees to cease operations (except for intermittent testing) as soon as possible until the interference has been corrected to
<br /> the satisfaction of Licensor. Any future lease, license, or other agreement entered into by Licensor shall be conditioned upon the
<br /> contracting party not interfering with the operation of Licensee's Site Equipment.
<br /> 11. HAZARDOUS MATERIALS. Licensee will not generate, store or dispose of any Hazardous Materials on or about
<br /> the Premises or Property in violation of any Hazardous Waste Laws. Licensee shall be responsible for any release of Hazardous
<br /> Materials to the extent any release results from Licensee's activities. Licensee shall be responsible for abating any Hazardous
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