Common use of MAINTENANCE AND REMOVAL OF EQUIPMENT Clause in Contracts

MAINTENANCE AND REMOVAL OF EQUIPMENT. (a) Licensee shall be solely responsible for all costs associated with maintenance of its Equipment and storage, if any, on the Site, in accordance with all applicable laws, rules and regulations and this Agreement. All maintenance work shall be performed by contractors licensed by the State of North Carolina. If the structural safety of the Tank is impaired as a result of the installation of Licensee’s equipment, Licensee shall be solely responsible for all necessary alterations, modifications and repairs. Notwithstanding the foregoing, Licensor shall have the right to replace the Tank at any time during the term of this Agreement. The Licensor will give the Licensee as much advance notice as possible of the replacement, but in no case less than ninety (90) days written notice. Licensee will be allowed to occupy the replacement Tank under the terms of this Agreement, unless such use of the replacement Tank would substantially interfere with the primary function of the Tank, as determined by the Licensor at its sole discretion. Further, Licensor will consider allowing Licensee to use mobile facilities at the Site until the replacement is completed, provided it does not interfere with the construction process and all City ordinances, such as the Zoning Ordinance, are complied with fully. The foregoing notwithstanding, if Licensor terminates this Agreement as a result of replacement of the Tank, or Licensee terminates this Agreement because the replacement tank is not suitable for Licensee’s purposes, Licensee shall be entitled to a refund of all prepaid rent attributable to future occupancy, and neither party shall have any further liability or obligation hereunder. (b) Upon the expiration or earlier termination of this Agreement and upon the payment of the Fee and all other sums due Licensor on such expiration or termination date, Licensee shall remove all its Equipment. Any and all removal of Licensee’s equipment shall be performed by a contractor licensed by the State of North Carolina, performed in a workmanlike manner, without any interference, damage or destruction to any other equipment, structures or operations at the Site or any other equipment of other licensees thereon. Any and all interference or damage caused to the Site or equipment of other licensees by such removal shall be immediately repaired or eliminated by Licensee. If Licensee fails to make such repairs within three (3) days after the occurrence of such damage, injury or interference, Licensor may perform all the necessary repairs at Licensee’s cost and expense, and all costs so incurred by Licensor shall be due from Licensee upon the rendering of an invoice as an additional fee hereunder.

MAINTENANCE AND REMOVAL OF EQUIPMENT. (a) Licensee at its own cost and expense shall be solely responsible for all costs associated with maintenance of its Equipment and storageCabinets, if any, on the Site, Site in accordance with all applicable laws, rules and regulations and this Agreement. All maintenance work shall be performed by contractors licensed by the State of North Carolina. If the structural safety of the Tank Tower is impaired as a result of the installation of Licensee’s equipmentEquipment on the Tower, Licensee shall be solely responsible for making all necessary alterations, modifications and repairs. Notwithstanding the foregoing, Licensor shall have the right to replace or remove the Tank Tower at any time during the term of this Agreement. The Licensor will give the Licensee as much advance notice as possible of the replacement, or removal, but in no case less than ninety six (906) days months written notice. Licensee will be allowed to occupy the replacement Tank tower under the terms of this Agreement, unless such use of the replacement Tank tower would substantially interfere with the primary function of the Tank, Licensor’s Primary Function as determined by the Licensor at in its sole discretion. Further, Licensor will consider allowing Licensee to use mobile facilities at the Site until the replacement is completed, completed provided it does not interfere with the construction process and all City applicable ordinances, such as laws, rules, and regulations. In the Zoning Ordinanceevent of removal of the Tower without intent of replacement, are complied with fully. The foregoing notwithstanding, if Licensor terminates this Agreement as a result shall terminate upon the removal of replacement Licensee’s equipment which shall occur no later than the last day of the Tank, or Licensee terminates this Agreement because the replacement tank is not suitable for Licensee’s purposes, Licensee shall be entitled to a refund of all prepaid rent attributable to future occupancy, and neither party shall have any further liability or obligation hereundernotice period. (b) Upon the expiration or earlier termination of this Agreement and upon the payment of the Fee all monthly license fees and all other sums due Licensor on such expiration or termination date, Licensee shall remove all its Equipmentof Licensee’s Equipment and Cabinets. Any and all removal of Licensee’s equipment Equipment and Cabinets shall be performed by a contractor licensed by the State of North Carolina, performed Carolina in a workmanlike manner, without any interference, damage or destruction to any other equipment, structures or operations at the Site or any other equipment of Licensee or other licensees tenants thereon. Any and all interference or damage caused to the Site or equipment of other licensees by such removal shall be immediately repaired or eliminated by Licensee. If Licensee fails to make such repairs within three (3) days after the occurrence of such damage, injury or interference, Licensor may perform all the necessary repairs at Licensee’s sole cost and expense, and all costs so incurred by Licensor shall be due from Licensee upon the rendering of an invoice as an additional fee hereunder.expense within three

MAINTENANCE AND REMOVAL OF EQUIPMENT. (a) Licensee shall be solely responsible for all costs associated with maintenance of its Equipment and storage, if any, on the Site, in accordance with all applicable laws, rules and regulations and this Agreement. All maintenance work shall be performed by contractors licensed by the State of North Carolina. If the structural safety of the Tank Tower is impaired as a result of the installation of Licensee’s equipment, Licensee shall be solely responsible for all necessary alterations, modifications and repairs. Notwithstanding the foregoing, Licensor shall have the right to replace the Tank Tower at any time during the term of this Agreement. The Licensor will give the Licensee as much advance notice as possible of the replacement, but in no case less than ninety (90) days written notice. Licensee will be allowed to occupy the replacement Tank Tower under the terms of this Agreement, unless such use of the replacement Tank Tower would substantially interfere with the primary function of the TankTower, as determined by the Licensor at its sole discretion. Further, Licensor will consider allowing Licensee to use mobile facilities at the Site until the replacement is completed, provided it does not interfere with the construction process and all City ordinances, such as the Zoning Ordinance, are complied compiled with fully. The foregoing notwithstanding, if Licensor terminates this Agreement as a result of replacement of the TankTower, or Licensee terminates this Agreement because the replacement tank tower is not suitable for Licensee’s purposes, Licensee shall be entitled to a refund of all prepaid rent attributable to future occupancy, and neither party shall have any further liability or obligation hereunder. (b) Upon the expiration or earlier termination of this Agreement and upon the payment of the Fee and all other sums due Licensor on such expiration or termination date, Licensee shall remove all its Equipment. Any and all removal of Licensee’s equipment shall be performed by a contractor licensed by the State of North Carolina, performed in a workmanlike manner, without any interference, damage or destruction to any other equipment, structures or operations at the Site or any other equipment of other licensees Licensees thereon. Any and all interference or damage caused to the Site or equipment of other licensees by such removal shall be immediately repaired or eliminated by Licensee. If Licensee fails to make such repairs within three (3) days after the occurrence of such damage, injury or interference, Licensor may perform all the necessary repairs at Licensee’s cost and expense, and all costs so incurred by Licensor shall be due from Licensee upon the rendering of an invoice as an additional fee hereunder.

MAINTENANCE AND REMOVAL OF EQUIPMENT. (a) Licensee shall be solely responsible for all costs associated with maintenance of its Equipment and storage, if any, on the Site, in accordance with all applicable laws, rules and regulations and this Agreement. All maintenance work shall be performed by contractors licensed by the State of North Carolina. If the structural safety of the Tank Tower is impaired as a result of the installation of Licensee’s equipment, Licensee shall be solely responsible for all necessary alterations, modifications and repairs. Notwithstanding the foregoing, Licensor shall have the right to replace the Tank Tower at any time during the term of this Agreement. The Licensor will give the Licensee as much advance notice as possible of the replacement, but in no case less than ninety (90) days written notice. Licensee will be allowed to occupy the replacement Tank Tower under the terms of this Agreement, unless such use of the replacement Tank Tower would substantially interfere with the primary function of the TankTower, as determined by the Licensor at its sole discretion. Further, Licensor will consider allowing Licensee to use mobile facilities at the Site until the replacement is completed, provided it does not interfere with the construction process and all City ordinances, such as the Zoning Ordinance, are complied compiled with fully. The foregoing notwithstanding, if Licensor terminates this Agreement as a result of replacement of the TankTower, or Licensee terminates this Agreement because the replacement tank tower is not suitable for Licensee’s purposes, Licensee shall be entitled to a refund of all prepaid rent attributable to future occupancy, and neither party shall have any further liability or obligation hereunder. (b) Upon the expiration or earlier termination of this Agreement and upon the payment of the Fee and all other sums due Licensor on such expiration or termination date, Licensee shall remove all its Equipment. Any and all removal of Licensee’s equipment shall be performed by a contractor licensed by the State of North Carolina, performed in a workmanlike manner, without any interference, damage or destruction to any other equipment, structures or operations at the Site or any other equipment of other licensees Licensees thereon. Any and all interference or damage caused to the Site or equipment of other licensees by such removal shall be immediately repaired or eliminated by Licensee. If Licensee fails to make such repairs within three (3) days after the occurrence of such damage, injury or interference, Licensor may perform all the necessary repairs at Licensee’s cost and expense, and all costs so incurred by Licensor shall be due from Licensee upon the rendering of an invoice as an additional fee hereunder.

MAINTENANCE AND REMOVAL OF EQUIPMENT. (a) Licensee at its own cost and expense shall be solely responsible for all costs associated with maintenance of its Equipment and storageCabinets, if any, on the Site, Site in accordance with all applicable laws, rules and regulations and this Agreement. All maintenance work shall be performed by contractors licensed by the State of North Carolina. If the structural safety of the Tank Tower is impaired as a result of the installation of Licensee’s equipmentEquipment on the Tower, Licensee shall be solely responsible for making all necessary alterations, modifications and repairs. Notwithstanding the foregoing, Licensor shall have the right to replace or remove the Tank Tower at any time during the term of this Agreement. The Licensor will give the Licensee as much advance notice as possible of the replacement, or removal, but in no case less than ninety six (906) days months written notice. Licensee will be allowed to occupy the replacement Tank tower under the terms of this Agreement, unless such use of the replacement Tank tower would substantially interfere with the primary function of the Tank, water towerLicensor’s Primary Function as determined by the Licensor at in its sole discretion. Further, Licensor will consider allowing Licensee to use mobile facilities at the Site until the replacement is completed, completed provided it does not interfere with the construction process and all City applicable ordinances, such as laws, rules, and regulations. In the Zoning Ordinanceevent of removal of the Tower without intent of replacement, are complied with fully. The foregoing notwithstanding, if Licensor terminates this Agreement as a result shall terminate upon the removal of replacement Licensee’s equipment which shall occur no later than the last day of the Tank, or Licensee terminates this Agreement because the replacement tank is not suitable for Licensee’s purposes, Licensee shall be entitled to a refund of all prepaid rent attributable to future occupancy, and neither party shall have any further liability or obligation hereundernotice period. (b) Upon the expiration or earlier termination of this Agreement and upon the payment of the Fee all monthly license fees and all other sums due Licensor on such expiration or termination date, Licensee shall remove all its Equipmentof Licensee’s Equipment and Cabinets. Any and all removal of Licensee’s equipment Equipment and Cabinets shall be performed by a contractor licensed by the State of North Carolina, performed Carolina in a workmanlike manner, without any interference, damage or destruction to any other equipment, structures or operations at the Site or any other equipment of Licensee or other licensees tenants thereon. Any and all interference or damage caused to the Site or equipment of other licensees by such removal shall be immediately repaired or eliminated by Licensee. If Licensee fails to make such repairs within three (3) days after the occurrence of such damage, injury or interference, Licensor may perform all the necessary repairs at Licensee’s sole cost and expense, and all costs so incurred by Licensor shall be due from Licensee upon the rendering of an invoice as an additional fee hereunder.expense within three