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9 <br />certified mail, return receipt requested, and such notice will be effective eighteen (18) months <br />after receipt of such notice by Tenant as evidenced by the return receipt. <br />b.Tenant understands and agrees that the Water Tower and the Tower Property <br />may, from time to time, require repair and/or maintenance, including painting. Upon notification <br />by Owner, Tenant will be responsible and agrees to provide adequate measures to cover its <br />personal property or Equipment, and protect such from paint and debris fallout or damage which <br />may occur during the paint restoration, repair, or maintenance process. In addition, any <br />additional expenses of repainting, repairing, or maintaining Owner's property caused by Tenant's <br />Equipment must be paid promptly by Tenant to Owner upon Owner's notice to Tenant of an <br />invoice together with reasonable supporting documentation evidencing such additional costs. In <br />addition, if deemed necessary by Owner, Tenant will tempor arily remove its Equipment at <br />Tenant's cost upon reasonable notice to allow necessary maintenance, repair, repainting, <br />reconditioning, restoration, or other activity as required by Owner. Except in the case of an <br />emergency, Owner will give Tenant at least ninety (90) days' notice of repair, repainting, or <br />restoration. In case of emergency, Owner may remove Tenant's Equipment, but must notify <br />Tenant by telephone within a reasonable time. An "emergency" will be deemed to exist only in <br />those situations which constitute an immediate threat to the health or safety of the public. Tenant <br />agrees that Owner will not be responsible to Tenant for temporary cessation of use pursuant to <br />this paragraph, provided that rentals due hereunder will be suspended during any cess ation of <br />use. During any such removal or powering down of Tenant’s Equipment, Tenant may install and <br />operate a mobile communications facility, or “COW”, on the Tower Property. Unless otherwise <br />agreed to in writing, Tenant will remove the COW within seve n (7)days after Tenant <br />recommences commercial operation of its Equipment on the Water Tower. <br />14.Liability and Indemnity. <br />a.Tenant will indemnify and hold Owner harmless against any claim of liability or <br />loss from personal injury or property damage resulting from or arising out of Tenant’s operations <br />under this Agreement, except to the extent that any such claim is caused by negligence or willful <br />misconduct of Owner. To the extent allowed by law, Owner will indemnify and hold Tenant <br />harmless against any claim of liability or loss from personal injury or property damage resulting