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8 <br /> i. Prior to Licensee undertaking any installation of equipment on the Site or Tower <br /> or otherwise making improvements pursuant to this License, Licensee shall prepare a structural <br /> and electrical engineering (including intermodulation, NIER, and where required, a noise floor <br /> analysis) study, using the SERS approved facility design engineer, which demonstrates <br /> compatibility with existing and future Licensor facilities, equipment, and Tower, including <br /> facilities and equipment of existing co-locators. These engineering studies shall be paid for by <br /> licensee and the study submitted to Licensor prior to the execution of the License Agreement. <br /> The Licensee shall install and service the antennas on the Tower and the Site to maintain the <br /> integrity and safety of the Tower and the Site as long as this License remains in force. Licensee <br /> has the right to nonexclusive use of the existing access located over, across and upon Licensor's <br /> leasehold and easement area adjoining the Site for the purpose of ingress to and egress from the <br /> Site; however, control of any key provided Licensee to said access must be tightly maintained. <br /> At certain locations, all authorized Licensee employees who require access to the Site will be <br /> required to successfully pass a criminal background check. Those Licensee employees who do <br /> not successfully pass the criminal background check will be excluded from Site access. <br /> ii. Licensee shall comply with the requirements of Licensor regarding the use of the <br /> Tower and the Site as stated in this License. Licensee shall submit its construction and <br /> installation plans and list of contractors and subcontractors for written approval by Licensor prior <br /> to any construction or installation work on the Tower and/or the Site. These Plans and <br /> Specifications are attached as Exhibit B. However, Licensor's approval shall not constitute a <br /> warranty of such plans and/or contractors and subcontractors or the assumption of any liability <br /> for such plans and/or contractors and subcontractors by Licensor. Any structural enhancements <br /> to the Tower or the Site required for Licensee's antennas and related equipment shall be at <br /> Licensee's sole risk and expense. At completion, such structural enhancements shall become the <br /> property of Licensor and subject to the provisions of this License and documentation to that <br /> effect shall be provided by Licensee upon the request of Licensor. Licensee shall provide all <br /> labor for the installation, maintenance and repair of Licensee's antennas and related equipment <br /> on the Site, unless Licensor, in its sole discretion, elects to provide such labor, in which case <br /> Licensee shall reimburse Licensor for the reasonable costs of such labor within thirty (30) days <br /> of receipt of invoice. As a condition of Licensee's obligation to pay such invoice, Licensor shall <br /> furnish Licensee with invoices reasonably acceptable to Licensee that demonstrate the cost of <br /> labor. After initial installation of Licensee's antennas and related equipment, Licensee shall not, <br /> without prior written notice to and approval from Licensor, perform or arrange to perform any <br /> activities on the Tower or the Site. Emergency repairs required to repair significant outages are <br /> permitted, provided Licensor is notified immediately follow such work and that no changes are <br /> made in any aspect of the installed antennas, mounts, cables or other Licensee equipment or <br /> frequencies. <br /> iii. Licensee agrees to indemnify, defend and hold harmless Licensor from and <br /> against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), <br /> costs or expenses (including reasonable attorneys' fees) arising from Licensee's construction <br /> activities, any act or omission of Licensee or its employees, agents or independent contractors, or <br /> the breach of this License, except to the extent attributable to the negligent or intentional act or <br /> omission of Licensor, its agents or independent contractors. Licensee shall assume all risks in <br /> connection with access to the Site and the installation, operation, maintenance and removal of <br /> 50 <br /> 2 <br />