Common use of MAINTENANCE/UTILITIES Clause in Contracts

MAINTENANCE/UTILITIES. (a) Licensee will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Unless any damage is caused by Licensee, Licensor will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. In particular, Licensee shall ensure that at all times Licensee’s improvements will cause no damage to the Property, and no water leakage or seepage arising from or related to any of the improvements made by Licensee on or to the Property. Licensee shall make regular periodic inspections of the Premises, , no less than once in each calendar quarter. (b) Licensee will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Licensee on the Premises. Licensee shall exercise its best efforts to obtain a separate meter to measure Licensee’s utility usage, but if Licensee cannot secure its own metered electrical supply, Licensee will have the right, at its own cost and expense, to submeter from the Licensor. When submetering is required under this Agreement, Licensor will read the meter and provide Licensee with an invoice and usage data on a monthly basis. Licensor agrees that it will not include a markup on the utility charges. Licensor further agrees to provide the usage data and invoice on forms provided by Licensee and to send such forms to such address and/or agent designated by Licensee. Licensee will remit payment within thirty (30) days of receipt of the usage data and required forms. Licensor shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Licensee reimbursement obligations hereunder. Within fifteen (15) days after a request from Licensee, Licensor shall provide copies of such utility billing records to the Licensee in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Licensee, then Licensee shall have the right to deduct the amount of such overpayment from any monies due to Licensor from Licensee. (c) As noted in Section 4(c) above, any failure by Licensor to perform this function will limit utility fee recovery by Licensor to a 12-month period. If Licensee submeters electricity from Licensor, ▇▇▇▇▇▇▇▇ agrees to give Licensee at least 24 hours advanced notice of any planned interruptions of said electricity. Licensor acknowledges that Licensee provides a communication service, which requires electrical power to operate and must operate twenty-four (24) hour per day, seven (7) day per week. If the interruption is for an extended period of time, in Licensee’s reasonable determination, the Licensor agrees to allow Licensee the right to bring in a temporary source of power for the duration of the interruption. Licensor will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Licensee. Licensor will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Licensor, of such services to be furnished or supplied by Licensor. (d) Licensee will have the right to install utilities, at Licensee’s expense, and to improve present utilities on the Property and the Premises. Licensor hereby grants to any service company providing utility or similar services, including electric power and telecommunications, to Licensee an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Premises. Upon Licensee’s or service company’s request, Licensor will execute a separate recordable easement evidencing this grant, at no cost to Licensee or the service company.

MAINTENANCE/UTILITIES. (a) Licensee will keep and maintain the Premises in good condition, free of any debris, reasonable wear and tear and damage from the elements exceptedexcepted and in a presentable condition consistent with good business practice and in a manner consistent with the preservation and protection of the general appearance and value of other premises in the immediate vicinity. Unless Maintenance responsibilities include, but shall not be limited to, any damage is caused by Licenseerequired paving, Licensor will maintain general repairs, removal of garbage and repair the Property debris, snow removal, landscape and access thereto, in good and tenantable condition, subject upkeep as related to reasonable wear and tear and damage from the elements. In particular, Licensee shall ensure that at all times Licensee’s improvements will cause equipment and activities. Licensor has no damage obligations to the Property, and no water leakage maintain road conditions or seepage arising from warrants their fit for any particular uses or related to any of the improvements made by purposes. Licensee on or to the Propertymust accept road conditions in as-is conditions. Licensee shall make regular periodic inspections not use the Premises for storage, including but not limited to the storage of equipment or hardware, except the Premisestemporary and orderly placement of items in conjunction with maintenance, , no less than once in each calendar quarterrepair or construction activities. (b) Licensee will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Licensee on the Premises. Licensee shall exercise its best efforts to obtain a separate meter to measure Licensee’s utility usage, but if Licensee cannot secure its own metered electrical supply, Licensee will have the right, at its own cost and expense, to submeter from the Licensor. When submetering is required under this Agreement, Licensor will read the meter and provide Licensee with an invoice and usage data on a monthly basis. Licensor agrees that it will not include a markup on the utility charges. Licensor further agrees to provide the usage data and invoice on forms provided by Licensee and to send such forms to such address and/or agent designated by Licensee. Licensee will remit payment within thirty (30) days of receipt of the usage data and required forms. Licensor shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Licensee reimbursement obligations hereunder. Within fifteen (15) days after a request from Licensee, Licensor shall provide copies of such utility billing records to the Licensee in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Licensee, then Licensee shall have the right to deduct the amount of such overpayment from any monies due to Licensor from Licensee. (c) As noted in Section 4(c) above, any failure by Licensor to perform this function will limit utility fee recovery by Licensor to a 12-month period. If Licensee submeters electricity from Licensor, ▇▇▇▇▇▇▇▇ agrees to give Licensee at least 24 hours advanced notice of any planned interruptions of said electricity. Licensor acknowledges that Licensee provides a communication service, which requires electrical power to operate and must operate twenty-four (24) hour per day, seven (7) day per week. If the interruption is for an extended period of time, in Licensee’s reasonable determination, the Licensor agrees to allow Licensee the right to bring in a temporary source of power for the duration of the interruption. Licensor will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Licensee. Licensor will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Licensor, of such services to be furnished or supplied by Licensor. (d) Licensee will have the right to install utilities, at Licensee’s expense, and to improve present utilities on the Property and the Premises. Licensor shall have no obligation to provide utility services to Licensee. Existing utility infrastructure will be utilized where possible for Licensee’s separate utilities. If new utility service is needed Licensor hereby grants to any service company providing utility or similar services, including electric power and telecommunications, to Licensee an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of initially constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Premises, at locations and upon conditions approved in writing by Licensor. Upon Licensee’s or service company’s request, Licensor will execute a separate recordable easement evidencing this grant, at no cost to . Licensee or service company shall compensate Licensor for any actual out of pocket expenses borne by Licensor to provide the easement document. Licensee shall obtain the prior written approval of Licensor regarding any work activities outside of the Premises and within the easements. Licensee shall not interfere with Licensor’s normal operations nor harm the Property. (c) Licensee will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Licensee on the Premises directly to the utility company (d) Licensee shall cooperate with Licensor’s maintenance and upgrade activities. This cooperation includes but is not limited to Licensor’s general property maintenance activities, construction upgrades or enhancements to the Tower as may be required from time to time with increased use of the Tower’s structural capacity.