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SLIE NUMBER: PG107-01 <br />SPIE NAIL: Reannton-C (CYIy Towet) <br />utilities on (or to bring utilities across) Lessor's properties in order to service the Premises and Lessee's Facilities. <br />Upon Lessee's request, Lessor shall execute easement(s) evidencing this right. <br />(h) Lessee shall fully and promptly pay for all utilities furnished to the Premises for its use throughout the Term <br />hereof, and all other costs and expenses of every kind whatsoever which occur in connection with Lessee's use, <br />operation and maintenance of the Premises and all activities conducted thereon. <br />(i) Lessee shall remove all Lessee Facilities at its sole expense on the cancellation, expiration or early termination <br />of the Term or any Renewal Term. Lessee shall repair any damage to the Premises caused by such removal and shall <br />return the Premises to the condition which existed after Tower construction, reasonable wear and tear and damages <br />beyond the control or without the fault or neglect of Lessee excepted. Upon removal of Lessee's Facilities, Lessee, <br />however, shall not be required to remove any foundation, antenna Tower, or underground cables or wires. <br />(j) Prior to commencing construction of Lessee's Facilities, Lessee shall obtain Lessor's approval of Lessee's work <br />plans, which approval shall not be unreasonably withheld. Lessor shall give such approval or provide Lessee with <br />its requests for changes within twenty (20) working days of Lessor's receipt of Lessee's work plans. If Lessor does <br />not provide such approval or request for changes within such twenty (20) working day period, it shall be deemed to <br />have approved the plans. Lessor shall not be entitled to receive any additional consideration in exchange for giving <br />its approval of Lessee's plans. <br />7. Tnrerference with Communications. <br />(a) Once equipment relocation has been completed to the new Tower, Lessee's Facilities shall not disturb the <br />communications configurations, equipment and frequency which exist on Lessor's Property on the Commencement <br />Date ("Pre-existing Communications"), and Lessee's Facilities shall comply with all non-interference rules of the <br />Federal Communications Commission ("FCC"). Lessor shall not permit the use of any portion of Lessor's <br />Property, including the new Tower, in a way which interferes with the communications operations of Lessee <br />described in Paragraph 2, above. Such interference with Lessee's communications operations shall be documented by <br />Lessee at Lessee's cost and expense and such interference shall be deemed a material breach by Lessor, and Lessor <br />shall have the responsibility to promptly terminate said interference. Notwithstanding the foregoing, pre-existing <br />Communications operating in the same manner as on the Commencement Date shall not be deemed interference. <br />The Lessor, Lessee and any other tenant desiring to change its equipment location or operating frequency must first <br />obtain approval of other existing tenants prior to such changes. Approval shall not be unreasonably withheld. In <br />the event any such interference does not cease promptly, the parties acknowledge that continuing interference will <br />cause irrepazable injury to Lessee, and therefore, Lessee shall have the right to bring action to enjoin such <br />interference or terminate the Lease immediately upon notice to Lessor. <br />(b) Notwithstanding the foregoing, if the use of wireless, cellular or radio equipment or radio frequencies by <br />Lessor's other tenants, licensees or occupants ("Other Communication Tenant") renders the Premises unsuitable for <br />Lessee's operations in the reasonable opinion of Lessee ("Impediment"), and Lessor does not begin to remedy the <br />Impediment with good faith reasonable efforts within two (2) business days after written notice from Lessee setting <br />forth a description of the Impediment; then Lessee shall have the option to terminate this Lease or require the Other <br />Communications Tenant to correct such Impediment within a reasonable time as determined mutually between <br />Lessee and Lessor. In doing so, Lessor shall give priority to the tenant whose communications equipment was first <br />installed on Lessor's Property. Should this Lease be terminated as provided in this Subparagraph (b) Lessor shall <br />have no liability for damages as a result of the Impediment so long as the Impediment was not caused nor <br />contributed to by Lessor, and Lessor made a good faith reasonable effort to remedy the Impediment as outlined <br />herein. <br />8. T;~~. Lessee shall pay personal property taxes assessed against Lessee's Facilities and Lessor shall pay when <br />due, all real property taxes and all other taxes, fees and assessments attributable to the Premises and this Lease. <br />R4 4 of 16 INn7ALED BY: <br />5/24N6 <br />