Access and Utility Easements. A. ▇▇▇▇ is hereby given a right-of way, subject to the limitations, restrictions, covenants, conditions, leases, licenses and easements of record, for ingress and egress to the License Space over, upon, and across the Licensor owned property required for the erection, installation, maintenance, replacement and removal of MERA's facilities and related equipment and other necessary appurtenances and for power lines used in connection with MERA's facilities (the "Access Easement"). MERA shall have the right, subject to receiving prior written approval from the Licensor to improve any Access Easement in order to conform the access to the License Space for its necessary and required uses, including the improvement of a common access road (“Common Access Road”). B. MERA shall have the right to enter the Property for the purpose of making necessary inspections and engineering surveys, and other tests reasonably necessary to determine the suitability of the License Space for MERA's facilities and for the purposes of preparing for the construction of the MERA facilities. MERA shall repair any damage to the Property caused by any tests performed and shall return the Property to the condition that existed prior to any tests. C. MERA shall have access 24-hours, seven days-a-week to the Property for construction, installation, maintenance and repair of the License Space. MERA shall cooperate with, and adhere to, the Licensor's access and security rules designed to promote the security and integrity of the Property wherein the License Space is located; however, the Licensor agrees not to unreasonably restrict entry to the License Space by authorized MERA employees, agents, contractors and sub-contractors. D. In the event of an emergency that requires the Licensor to conduct emergency repair work within, at, or near the License Space or MERA's antennas, the Licensor agrees to notify MERA immediately and engage MERA personnel in support of the emergency effort. E. Licensor shall maintain the Common Access Road in good condition. MERA shall pay an annual fee of $5,000 to Licensor for Licensor’s use in maintaining, repairing and restoring the Common Access Road in a condition that allows MERA to access the License Space. F. ▇▇▇▇ agrees to contribute to the cost of major repair work for, or replacement of, the Common Access Road do to road failure, on an equal basis shared among all parties granted access rights to the Common Access Road. Notwithstanding any maintenance agreement for the Common Access Road, prior to commencing any work for which Licensor will seek contribution pursuant to this paragraph, Licensor must provide a cost estimate for such work along with the calculation for each party's portion. MERA shall have ten (10) business days to review and approve or disapprove said cost estimate and its share of the cost. In the event of a dispute between MERA and Licensor over the cost estimate or its share of the cost, MERA shall provide its own estimate and calculation of its share of the cost within fifteen (15) business days after receipt of Licensor's estimate. In the case of emergency repairs necessary to protect Licensor's property or adjacent property owners, Licensor retains the right to make emergency repairs without MERA consent. For the purposes of this paragraph, “road failure” means conditions that: (i) impede or limit travel or (ii) pose a significant threat to the safety of persons or vehicles traveling on the Common Access Road.
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Access and Utility Easements. A. ▇▇▇▇ MERA is hereby given a right-of way, subject to the limitations, restrictions, covenants, conditions, leases, licenses and easements of record, for ingress and egress to the License Space over, upon, and across the Licensor owned property required for the erection, installation, maintenance, replacement and removal of MERA's facilities and related equipment and other necessary appurtenances and for power lines used in connection with MERA's facilities (the "Access Easement"). MERA shall have the right, subject to receiving prior written approval from the Licensor to improve any Access Easement in order to conform the access to the License Space for its necessary and required uses, including the improvement of a common access road (“Common Access Road”).
B. MERA shall have the right to enter the Property for the purpose of making necessary inspections and engineering surveys, and other tests reasonably necessary to determine the suitability of the License Space for MERA's facilities and for the purposes of preparing for the construction of the MERA facilities. MERA shall repair any damage to the Property caused by any tests performed and shall return the Property to the condition that existed prior to any tests.
C. MERA shall have access 24-hours, seven days-a-week to the Property for construction, installation, maintenance and repair of the License Space. MERA shall cooperate with, and adhere to, the Licensor's access and security rules designed to promote the security and integrity of the Property wherein the License Space is located; however, the Licensor agrees not to unreasonably restrict entry to the License Space by authorized MERA employees, agents, contractors and sub-contractors.
D. In the event of an emergency that requires the Licensor to conduct emergency repair work within, at, or near the License Space or MERA's antennas, the Licensor agrees to notify MERA immediately and engage MERA personnel in support of the emergency effort.
E. Licensor shall maintain the Common Access Road in good condition. MERA shall pay an annual fee of $5,000 to Licensor for Licensor’s use in maintaining, repairing and restoring the Common Access Road in a condition that allows MERA to access the License Space.
F. ▇▇▇▇ MERA agrees to contribute to the cost of major repair work for, or replacement of, the Common Access Road do to road failure, on an equal basis shared among all parties granted access rights to the Common Access Road. Notwithstanding any maintenance agreement for the Common Access Road, prior to commencing any work for which Licensor will seek contribution pursuant to this paragraph, Licensor must provide a cost estimate for such work along with the calculation for each party's portion. MERA shall have ten (10) business days to review and approve or disapprove said cost estimate and its share of the cost. In the event of a dispute between MERA and Licensor over the cost estimate or its share of the cost, MERA shall provide its own estimate and calculation of its share of the cost within fifteen (15) business days after receipt of Licensor's estimate. In the case of emergency repairs necessary to protect Licensor's property or adjacent property owners, Licensor retains the right to make emergency repairs without MERA consent. For the purposes of this paragraph, “road failure” means conditions that: (i) impede or limit travel or (ii) pose a significant threat to the safety of persons or vehicles traveling on the Common Access Road.
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