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<br />Site ID: ND20842-A-03 <br />Site Name: Hickson Wild Rice <br /> <br />equipment) which requires entry on the Tower, <br />Tenant may enter same and take the actions that are <br />required to protect individuals or personal property <br />from the immediate threat of substantial harm or <br />damage; provided that promptl:i after the emergency <br />entry and in no event later {han twenty-four (24) <br />hours, Tenant gives telephonic lind written notice to <br />Owner of Tenant's entry onto the Site. <br />8. Notices. All notices must be in writing and are <br />effective when deposited in the U.S. mail, certified <br />and postage prepaid, or when sent via overnight <br />delivery, to the address set forth below, or as <br />otherwise provided by law. <br /> <br />Tenant: County of Cass <br />4630 15th Avenue North <br />Fargo, NO 58103 <br /> <br />Owner: AAT Communications Corp. <br />5900 Broken Sound Parkway N.W. <br />2nd Floor <br />Boca Raton, FL 33487-2797 <br />Attn: Site Administration <br />RE: ND20842-A-03 I Hickson Wild Rice <br /> <br />Rental <br />Payments: AA T Communications Corp. <br />P.O. Box 952448 <br />St. Louis, MO 63195-2448 <br />AUn: Accounts Receivable <br />RE: ND20842-A-03 I Hickson Wild Rice <br /> <br />9. Installation and Improvements. Prior to <br />installing or allowing any Equipment to be installed at <br />the Site or making any changes, modifications or <br />alterations to such Equipment, TenSlQt, at its <br />expense, will obtain all required approvals and will <br />submit to Owner plans, specifications and proposed <br />dates of the planned installation or other activity, for <br />Owner's approval which approval will not be <br />unreasonably withheld, including, if requested by <br />Owner, a tower loading study and/or an <br />intermodulation study performed and certified by an <br />independent licensed professional engineer. The <br />approved plans will be deemed incorporated into this <br />Agreement. All installation of or other work on <br />Tenant's Equipment on the Tower will be at Tenant's <br />sole expense and performed by Owner or one of its <br />affiliates or subsidiaries. All installations, operation <br />and maintenance of Equipment must be in <br />accordance with Owner's policies set forth in Exhibit <br />D. Owner reserves the right to prohibit operation of <br />any Equipment it reasonably deems to be improperly <br />installed, unsafe or not included in the installation <br />design plan. Owner agrees to cooperate with <br />Tenant's reasonable requests, at Tenant's expense, <br />with respect to obtaining any required zoning <br />approvals for the Site and any improvements. Upon <br />termination or expiration of this Agreement, Tenant <br />shall remove its Equipment and improvements and <br /> <br />ANTSITE 11-20-00 Other <br />July 31. 2006 <br /> <br />Tenant Site 10: Hickson <br />Tenant Site Name: Hickson <br /> <br />will restore the Site to the condition existing on the <br />Commencement Date, except for ordinary wear and <br />tear and insured casualty loss. If Tenant fails to <br />remove its Equipment as specified in the preceding <br />sentence, Tenant's Equipment will be subject to <br />disconnection, removal, and disposal by Owner. If <br />Tenant's Equipment remains on the Site after the <br />termination or expiration date (even if it has been <br />disconnected), Tenant will pay to Owner a hold-over <br />fee equal to two hundred percent (200%) of the then- <br />effective monthly Rent, prorated from the effective <br />date of termination to the date the Equipment is <br />removed from the Site. Owner will have the right (but <br />not the obligation) to disconnect and remove <br />equipment from the Site. If, after the termination <br />date, Owner disconnects and removes Equipment, <br />Tenant will pay to Owner upon demand three <br />hundred percent (300%) of the disconnection, <br />removal and storage expenses incurred by or on <br />behalf of Owner. If the Equipment is not reclaimed <br />by Tenant within forty-five (45) days of its removal <br />from the Site, Owner has the right to sell the <br />Equipment and deduct therefrom any amounts due <br />under this Agreement, returning the remainder to <br />Tenant. Upon written notice by Owner to Tenant not <br />less than five (5) business days beforehand, unless <br />such notice can not reasonably be provided in which <br />event Owner will give Tenant the earliest possible <br />reasonable notice, Tenant will cooperate with Owner <br />in rescheduling its transmitting activities, reducing <br />power, or interrupting its activities for limited periods <br />of time in the event of an emergency or in order to <br />permit the safe installation of new equipment or new <br />facilities at the Site or to permit repair to facilities of <br />any user of the Site or to the related facilities. <br /> <br />10. Compliance with Laws. Tenant agrees to take <br />the Site in strictly "as is" condition. Owner represents <br />that the Site, its property contiguous thereto, and all <br />improvements located thereon, are in substantial <br />compliance with building, life/safety, disability and <br />other laws. codes and regulations of applicable <br />governmental authorities. Tenant will substantially <br />comply with all applicable laws relating to its <br />possession and use of the Site and its Equipment. <br />Within sixty (60) days after execution of this <br />Agreement, Tenant shall provide Owner with a copy <br />of the FAA Determination of No Hazard which grants <br />approval to Tenant's frequencies and power (ERP) to <br />be used at the Site. Upon request by Owner, Tenant <br />will produce satisfactory evidence that all Equipment <br />installed at the Site complies with federal regulations <br />pertaining to radio-frequency radiation standards and <br />is licensed with the FCC, if applicable. Owner <br />accepts responsibility for the Site's compliance with <br />all tower or building marking and lighting regulations <br />promulgated by the Federal Aviation Administration <br />"FAA" or the Federal Communications Commission <br />"FCC," as applicable. Owner represents and warrants <br />that the Site complies with all applicable tower or <br /> <br />2 <br /> <br />Tenant lnitials:_ Owner lnitials:_L~,!)jJlDl <br />