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Monitoring Equipment Installation Agreement This Monitoring Equipment Installation Agreement (“Agreement”) is entered into by and between the Town of Hamburg, New York (“Town”), and Buffalo Niagara Waterkeeper (“BNW”). The Town and BNW may each be referred to as a “Party” and collectively as the “Parties.” 1. Purpose and Location The Town authorizes BNW to install and operate monitoring equipment at the crossing of Hoover Road over Foster Brook, subject to the terms of this Agreement. 2. Term This Agreement will remain in effect for five (5) years beginning on the date of the last signature below, unless terminated earlier by written notice of either Party. 3. Installation and Site Protection BNW will install the monitoring equipment using non-obtrusive measures designed to minimize impacts to the roadway, bridge, watercourse, surrounding property, public use, and Town operations. BNW will coordinate the timing and method of installation with the Town and comply with applicable laws, permits, and reasonable Town requirements. 4. Access, Operation, and Maintenance The Town grants BNW reasonable access to the site during the term for installation, inspection, operation, maintenance, repair, and removal of the equipment. BNW will maintain the equipment in a safe and orderly condition and will promptly address any condition caused by its activities that interferes with public safety or Town operations. 5. Ownership and Removal The monitoring equipment remains the property of BNW. At the end of the term, or upon earlier termination, and not more than fifteen (15) days after such event, BNW will remove the equipment and restore affected areas to substantially the condition that existed before installation, reasonable wear and existing conditions excepted. 107