JestaTowers - Access Agreement Form

ENTRY AND TESTING AGREEMENT

This Entry and Testing Agreement ("Agreement") is made as of this 27day of April, 2024 ("Execution Date") by and between Jesta Towers, Inc., a Florida Corporation, having an address of 7508 Klondike Road, Pensacola, Florida 32526 ("Grantor") and , having an address at ("Grantee").

WHEREAS, Grantor is the leaseholder or owner of a portion of real estate and the owner of certain improvements on property commonly known , (Jesta's Site Number LA-23) located in Iberia County in the State of LA ("Site"); and

WHEREAS, Grantee has an interest in leasing certain space on the Site for purposes of installing its antennas and related equipment.

WHEREAS, in order for Grantee to determine the viability and feasibility of the Site for Grantee's intended use, it is necessary for employees, agents or independent contractors of Grantee to enter upon and inspect the Site and/or to temporarily locate communications equipment on the Site to conduct short term radio propagation tests; and

WHEREAS, as an accommodation to Grantee, Grantor is willing to permit Grantee, its employees, agents and/or independent contractors to enter onto the Site to conduct such investigations, under the terms and conditions stated herein.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

Upon execution of this agreement and the payment of Dollars ($ ) by Grantee to Grantor, Grantor grants to Grantee its contractors, agents, employees and assigns the right to enter upon the Site to conduct and perform all or some of the following activities: surveys, geo-technical soil borings and analysis, environmental audits, boundary surveys, radio propagation studies, and such other tests and inspection of the Site which Grantee may deem necessary or advisable (the "Permitted Activities"). Grantee's rights under this Agreement are specifically limited to the Permitted Activities and shall not include any other activities on any portion of the real property upon which the Site is located. Grantee shall be responsible for any and all costs related to the Permitted Activities, including the installation, operation and removal of equipment on the Site.
Grantee agrees to comply with all local, state and federal laws, rules and ordinances applicable to the Permitted Activities. Grantee further agrees to exercise due care in the performance of all Permitted Activities on the Site, and to not interfere with Grantor's or any other authorized party's activities on the Site.
Grantee shall indemnify and hold harmless Grantor, its employees, agents or contractors, from any and all claims, actions damages, liability and expense, including without limitation reasonable attorneys' fees and costs in connection with personal injury or property damage arising out of the acts or omissions of Grantee, its employees, agents or independent contractors entering upon the Site under this Agreement. This indemnification obligation shall survive the expiration or termination of this Agreement.
At Grantor's request, Grantee agrees to provide a certificate of insurance evidencing the insurance coverage of Grantee and/or its contractors.
The Term of this Agreement shall be from the Execution Date hereof until one hundred eighty (180) days; provided however, that Grantor may immediately terminate this Agreement in the event that Grantee breaches any term of this Agreement.
In the event this Agreement expires or is terminated and the parties have failed to execute a Lease for this Site, Grantee will immediately remove any and all of its equipment from the Site and will restore the Site to substantially the condition that existed immediately prior to Grantee's entry thereon, reasonable wear, tear and damage not caused by Grantee excepted.
This Agreement constitutes the entire understanding between the parties with respect to the Permitted Activities. All prior agreements or understandings, whether oral or written are superceded. This Agreement may be amended only by a written document duly executed by the parties. This Agreement is governed by the State in which the Site is located.

IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the date first above written.

Amendment (optional)

	GRANTEE:

	By:
	Name:
	Title:
	Date:	April 27, 2024

	GRANTOR:	JESTA TOWERS, INC.

	By:
	Name:	Ken E. Staton
	Title:	President -
	Date:	April 27, 2024

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