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hal II IAS COUNTY 5.02 Indemnity by Lessee: Any and all claims which may be made by Lessee, or third parties, arising out of or resulting from the condition of the premises and any improvements thereon, or act or omission on the part of the Lessee, shall be the Lessee's obligation. Lessee agrees to indemnify the County and hold harmless from all losses, damages and expenses (including attorney fees) which may arise out of or result from such claims. 5.03 Assessments: The Lessee shall pay all assessments that may be charged against the premises. 5.04 Insolvency of Lessee: If the Lessee becomes insolvent, bankrupt, or has a receiver appointed, the County may cancel this lease at its option. Insolvency as used herein will mean the inability of the Lessee to meet obligations as they come due. SECTION 6 — ACCESS ROADS AND ROAD MAINTENANCE 6.01 Access: Provisions for the use of the existing rights of way for access to and including the premises are as follows: A non-exclusive right to use the existing county road (Hart Road) over and across the location shown on the map marked Exhibit "C" attached hereto and by this reference made a part hereof, for the purposes of gaining access to the communication site, 6.02 Road Maintenance: The County shall perform all routine maintenance including snow removal to the communications building. The Lessee shall repair, or cause to be repaired, at its sole cost and expense that damage to said road occasioned by it which is in excess of that which it would cause through normal and prudent usage of said road. SECTION 7 — IMPROVEMENTS AND/OR FIXTURES 7.01 Unauthorized Improvements: All improvements and/or fixtures made on the premises without the written consent of the County are unauthorized and shall either be removed by the Lessee, removed by the County at the cost of the Lessee, or become the property of the County at the County's option. The County may, at its discretion, construe any unauthorized improvements and/or fixtures as a default by Lessee and cancel the lease according to the provisions herein. Lookout Mountain Lease PACF 4