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12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its
<br />employees, agents, and subcontractors, will have twenty -four (24) hour per day, seven (7) day per week pedestrian and
<br />vehicular access ( "Access ") to and over the Property, from an open and improved public road to the Premises, for the
<br />installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be
<br />described more fully in Exhibit 1, Landlord grants to Tenant an easement for such access and Landlord agrees to provide to
<br />Tenant such codes, keys and other instruments necessary for such access at no additional cost to Tenant. Landlord
<br />acknowledges that in the event Tenant cannot access the Premises, Tenant shall incur significant damage. If Landlord fails to
<br />provide the access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such
<br />default, in addition to any other rights or remedies available to Tenant under this Agreement or at law or equity, Landlord shall
<br />pay Tenant, as liquidated damages and not as a penalty, $500.00 per day in consideration of Tenant's damages until Landlord
<br />cures such default. Landlord and Tenant agree that Tenant's damages in the event of a denial of access are difficult, if not
<br />impossible, to ascertain, and the liquidated damages set forth above are a reasonable approximation of such damages. Upon
<br />Tenant's request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter
<br />granting Tenant access to the Property substantially in the form attached as Exhibit 12; upon Tenant's request, Landlord shall
<br />execute additional letters during the Term.
<br />13. REMOVAL /RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant
<br />will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term.
<br />Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by
<br />Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord
<br />that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the
<br />property of Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the
<br />termination of this Agreement, Tenant will remove all of Tenant's above - ground improvements and Tenant will, to the extent
<br />reasonable, restore the Premises to its condition at the commencement of this Agreement, reasonable wear and tear and loss by
<br />casualty or other causes beyond Tenant's control excepted. Notwithstanding the foregoing, Tenant will not be responsible for
<br />the replacement of any trees, shrubs or other vegetation, nor will Tenant be required to remove from the Premises or the
<br />Property any structural steel or any foundations or underground utilities.
<br />14. MAINTENANCE /UTILITIES.
<br />(a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from
<br />the elements excepted. Landlord will maintain and repair the Property and access thereto, the Structure, and all areas of the
<br />Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear
<br />and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any
<br />landscaping installed by Tenant as a condition of this Agreement or any required permit.
<br />(b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity,
<br />telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own
<br />metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from Landlord. When
<br />submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data
<br />on a monthly basis. Landlord agrees that it will not include a markup on the utility charges. Landlord further agrees to provide
<br />the usage data and invoice on forms provided by Tenant and to send such forms to such address and /or agent designated by
<br />Tenant. Tenant will remit payment within forty -five (45) days of receipt of the usage data and required forms. As noted in
<br />Section 4(c) above, any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters
<br />electricity from Landlord, Landlord agrees to give Tenant at least twenty -four (24) hours advanced notice of any planned
<br />interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires
<br />electrical power to operate and must operate twenty -four (24) hours per day, seven (7) days per week. If the interruption is for
<br />an extended period of time, in Tenant's reasonable determination, Landlord agrees to allow Tenant the right to bring in a
<br />temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with,
<br />interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
<br />(c) Landlord hereby grants to any utility company providing utility services to Tenant an easement over the
<br />Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing,
<br />operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances
<br />thereto, as such utility companies may from time to time require in order to provide such services to the Premises. Upon
<br />Tenant's or a utility company's request, Landlord will execute a separate recordable easement evidencing this grant, at no cost
<br />to Tenant or the public utility.
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