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<br />r <br />demands, losses and damages and for any and all costs and expenses <br />incurred by TowerCo and/or its tower tenants arising from Lafarge's acts in <br />connection with the Mining Activities, including but not limited to any <br />downtime experienced by TowerCo and/or TowerCo's tower tenants, and <br />(ii) Lafarge post a performance bond in an amount sufficient to cover the <br />replacement value of (A) the communications facility, which includes a log' <br />monopole, foundation, compound, fencing, grounding, all associated <br />improvements, equipment, intangibles and personal property, and (B) all <br />wireless communications and electronic equipment owned by TowerCo's <br />tower tenants, which may include base radios and controllers, all <br />equipment used to connect such equipment with the public switched <br />telecommunications network and/or with the wireless communications <br />network operated by such tower tenants, all phone lines, generators and <br />secondary power supplies, all cells on wheels, shelters and concrete pads. <br />If you would like to provide a soft copy of the proposed agreement, we can <br />insert our requested changes and return it to you for review. <br />3. The proposed Mining Activities will undoubtedly produce a significant <br />amount of dust in and around the TowerCo communications facility and we <br />are concerned about the potential for equipment interference at the site. <br />We would need to ensure that Lafarge had an adequate dust abatement <br />plan in place prior to undertaking any Mining Activities so that we can <br />ensure that TowerCo's equipment and the equipment belonging to our <br />tower tenants is not disturbed or blocked and shall remain free of dust at all <br />times during the Mining Activities. <br />4. Finally, in the event that we are able to reach a mutual understanding and <br />agreement with Lafarge with respect to the proposed Mining Activities, we <br />will also, minimally, require the following tests and/or inspections to be <br />completed by a TowerCo Engineer to ensure the continued structural <br />integrity of the tower and foundation, as well as the safety of our tower <br />tenants and their equipment: <br />a. Visual tower inspection to establish the current condition of the <br />tower prior to commencing any Mining Activities <br />b. Non-destructive foundation testing (pulse echo) to establish the <br />current condition of the tower foundation prior to commencing any <br />Mining Activities <br />c. Structural analyses of tower and foundation based on seismic <br />response due to blasting, if any. In this regard, please provide <br />complete data with repsect to any proposed blasting, to include the <br />proximity of the blasting to our communications facility and the <br />info&owermcom i towerc0.COm