RCA Telecom LLC 8/28/2020 - Laserfiche WebLink

and upon all the terms, covenants and conditions hereof. Acceptance by Lessor of rent after such expiration or early termination shall not result in a renewal of this Lease nor affect Lessor's right of re- entry or any rights of Lessor herein or as otherwise provided by law or equity. If Lessee fails to surrender the Site upon the expiration of this Lease despite demand to do so by Lessor, Lessee shall pay two (2) times the rent herein specified (prorated on a monthly basis), interest, Lessor's attorney's fees and costs and shall indemnify and hold Lessor harmless from all loss or liability including, but not limited to, any claim made by any succeeding Lessee founded on or resulting from such failure to surrender. Further, Lessee shall pay monthly rent during the holdover in the amount required immediately prior to the expiration, increased by two times the rent herein specified. 23. WAIVERS: The waiver by the Lessor of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant,or condition of this Lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. 24. LIENS: Lessee shall keep the Site free and clear of any liens and encumbrances arising or growing out of the use and occupancy of said Site by Lessee. At the Lessor's request, Lessee shall furnish the Lessor with written proof of payment of any item which would or might constitute the basis for such a lien on the Site if not paid. 25. PLACE OF PAYMENT: All rental payments and all other payments payable to Lessor hereunder shall be designated as payments in connection with an antenna site lease and shall be paid to Lessor at City of Everett,2930 Wetmore Avenue,Everett,Washington 98201,Attn:City Treasurer,unless and until Lessor designates some other party or address to receive said payments. Written notices shall be delivered personally or deposited in the United States Post Office, properly addressed as aforesaid, postage fully prepaid,for delivery by registered mail. 26. RF COMPLIANCE: Lessee agrees to comply with all Federal Communications Commission ("FCC") rules. Prior to commencement of Lessee's operations and at all other times that Lessor may reasonably request, Lessee shall furnish Lessor with a radio frequency ("RF") site analysis that evaluates the simultaneous operation of all transmitters at the Site and compares the radiated power density in all accessible areas with the FCC maximum permissible exposure("MPE") limits for workers and the general public. The power density within all accessible areas of the Site must not exceed the FCC specified MPE limits. If mitigation is required to bring Site into compliance at any time during the Lease, and so long as Lessor's operations are in compliance with all FCC rules, such mitigation measures shall be the sole responsibility of Lessee. 27. INSPECTION AND RIGHT-OF-ENTRY: Lessor and its agents shall have the right, but not the duty, to inspect the Site at any time to determine whether Lessee is complying with the terms of this Lease. This inspection shall include the right to take samples of soil, air and water on the Site. 28. TERMS SURVIVING TERMINATION OF LEASE: The obligations imposed on Lessor and Lessee and all provisions of this Lease which may reasonably be interpreted or construed as surviving the Page 13 of 16