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4 <br />the Equipment (so long as the addition, removal, modification, maintenance, repair, or <br />replacement Equipment does not increase the loading on the Water Tower). In addition, Tenant <br />may add, remove, modify, maintain, repair, and replace any ground based equipment and <br />improvements, including within the interior of any shelters or base station equipment, provided <br />there is no increase in the footprint of the Leased Property. Except in an emergency, no such <br />addition, removal, modification, maintenance, repairs, like -kind or similar replacements shall be <br />commenced unless, at least 30 days prior to commencement, Tenant provides Owner with the <br />plans and specifications detailing such work and, in the case of modifications to the Equipment, <br />a structural or loading analysis demonstrating that the proposed Equipment changes will not <br />increase the loading on the Water Tower. It is further agreed that Owner may require a third <br />party review of the modifications to the Equipment, the reasonable costs of which will be paid <br />for by the Tenant out of the Escrow provided for in paragraph 40 hereof . In the event of an <br />emergency, Tenant may make like for like replacements, modifications and repairs and <br />commence such work immediately so long as Tenant provides the plans and specifications <br />related thereto within 30 days following the completion of such work. <br />5.Additional Equipment. Except as provided above, if any additional or replacement <br />equipment results in increased loading on the Water Tower or increases the footprint of the <br />Leased Property, then Tenant must provide Owner with a site plan consisting of pre-build plans <br />and specifications and as -built drawings of the Equipment installed on the Leased Property, <br />which show the actual location of all the Equipment. Said drawings must be accompanied by a <br />complete detailed inventory of the existing Equipment. Any modifications that will increase <br />the equipment footprint of the Leased Property may require a formal amendment to this <br />Agreement. At the Engineer’s sole discretion Owner may require a third party review of the <br />proposed equipment modifications, the reasonable costs of which to be paid for by the Tenant <br />out of the Escrow provided for in paragraph 40 hereof; provided, however, that Owner shall <br />obtain an estimate of such costs and Tenant’s prior written approval shall be required if the <br />estimate exceeds the then current escrow balance by more than $2,000 or if the estimate exceeds <br />the Original Escrow Balance (as hereinafter defined). The Equipment will be owned and <br />installed by Tenant at Tenant's cost. <br />6.Contingencies . The Parties acknowledge and agree that Tenant’s ability to lawfully <br />use the Leased Property is contingent upon Tenant obtaining each of the following: (a) a