Agreement - Kramer, Ceilley & Associates, Inc.

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5. MW will not interfere in anyway with the radio or any other equipment which is necessary to the safe operation of SBFD # 3 during the installation, maintenance, or repair of any MW owned equipment installed on site. MW shall comply with all applicable rules and requirements of the FCC and all applicable electrical codes. 6. Electrical power to MW's equipment will be supplied by SBFD. 7. MW shall maintain liability and property damage insurance in connection with its operations and equipment located at SBFD # 3 or installed on the tower. MW will provide SBFD with proof of such insurance including a certificate of insurance if requested. 8. The City or SBFD may terminate this Agreement upon thirty (30) day notice for any reason. Should this Agreement be terminated under this Paragraph 8, it shall be MW's sole expense and responsibility to remove its equipment from SBFD Station # 3 in no less than ten (10) business days from notice of the termination. If the equipment remains beyond the ten (10) day removal period, it shall be deemed abandoned by MW and become the property of the City. 9. This Agreement shall be voided immediately should any MW equipment disrupt the safe operation of SBFD Station # 3. 10. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions. 11. This Agreement supersedes all other prior understandings, commitments, representations, negotiations, discussions, whether oral or written, express or implied between the parties hereto relating to the matters contemplated within this Agreement. Executed by the parties on the dates indicated below. CITY OF SOUTH BEND, BOARD OF PUBLIC WORKS Gary A. Gilot, President ak u92 Elizabeth A. Maradik, Member James Mueller, Member David Relos, Member Therese Dorau, Member ATTEST: Kramer, Ceilley and Associates, Inc.