EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY DOOLAN TOWER

E. Protections Against Interference. The Authority's use of the Licensed Areas, including its Equipment and Antenna, shall not interfere with the operation of any existing or future Livermore or Pleasanton equipment, antenna, structures, facilities on the Property and /or Tower. Likewise, the Authority's use of the Licensed Areas, including its Equipment and Antenna, shall not interfere with the operation of any existing antennas on the Tower or Property prior to the Authority. If interference from the Authority's Equipment and /or Antenna is reasonably suspected in violation of this section, then Livermore and Pleasanton may direct the Authority at its own cost and expense to contract with a mutually agreed upon technical consultant to provide an independent determination regarding interference issues. If the technical consultant finds after thorough conclusive diagnostics that the Authority's equipment is interfering with the Livermore or Pleasanton's equipment or antennas, or the equipment and /antennas of other occupants on the Tower or Property prior to the Authority, the Authority at its own cost and expense shall implement a solution in coordination with Livermore. F. Consent to Change of Equipment or Antenna. In order to obtain consent from Livermore and Pleasanton to replace, modify, install new or otherwise change the Equipment or Antenna identified in Attachments "D" and "E," the Authority at its own cost and expense shall prepare a report explaining the effect of the change and provide a study by a technical consultant demonstrating to Livermore's satisfaction that the change in the Equipment or Antenna will not interfere with the use of or communications transmissions from the Tower by Livermore, Pleasanton, or any occupant thereon. 8. Maintenance and Repair. A. Maintenance. The Authority shall at its own cost and expense maintain the Licensed Areas, Equipment, and Antenna, and every part thereof, in good and sanitary order, condition, and repair. The Authority may repair, but shall not modify, alter, replace, upgrade, or otherwise change any Equipment Antenna without Livermore's prior written consent as provided in Section 3(C). B. Mechanic's Lien. The Authority shall pay, or cause to be paid, all costs and expenses for work done by it, or caused to be done by it, on the Licensed Areas of a character which will or may result in any lien on the Property, and the Authority will keep the Property free and clear of any mechanic's lien and /or other lien on account of work done for the Authority or at its request. The Authority shall protect, indemnify, and hold Livermore harmless against and from any and all claims, demands, actions, suits, liabilities, loss, damage, costs, expenses and judgments arising out of or related to claims and claims of lien of laborers, materialmen, or others for work performed for, or materials or supplies furnished to, the Authority or at its request. 9. No Transfer or Assignment. The Authority shall neither transfer nor assign this EBRCSA License Page 6 Doolan Tower