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<br />Site 10: N020255-A-02
<br />Site Name: Tower City, NO Tower
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<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 />building marking or lighting regulations promulgated
<br />by the FAA or the FCC. Owner agrees that Tenant
<br />may install, at Tenant's sole cost and expense as
<br />required for Tenant's Equipment, a tower lighting
<br />alarm monitoring system (including, but not limited to,
<br />commercial power and a dedicated surveillance
<br />telephone line) to monitor the status of the
<br />tower/building lighting. Owner shall be solely
<br />responsible for reporting any lighting outages or
<br />malfunctions to the appropriate governmental
<br />authorities. Tenant's installation of such
<br />tower/building lighting alarm monitoring system will
<br />not relieve Owner of its primary responsibility for
<br />compliance with all applicable tower or building
<br />marking and lighting requirements.
<br />11. Insurance. Tenant will procure and maintain a
<br />public liability policy, with limits of not less than
<br />$1,000,000 for bodily injury, $1,000,000 for property
<br />damage, $2,000,000 aggregate, which minimum
<br />Owner may require adjusting at each renewal term,
<br />with a certificate of insurance to be furnished to
<br />Owner within thirty (30) days of execution of this
<br />Agreement and prior to performing any work. Such
<br />policy will provide that cancellation will not occur
<br />without at least fifteen (15) days prior written notice to
<br />Owner. Tenant will cause Owner to be named as an
<br />additional insured on such policy.
<br />12. Interference. Tenant understands that it is the
<br />intent of Owner to accommodate as many users as
<br />pOSSible and that Owner may rent space to any other
<br />entity or person(s) desiring its facilities. Tenant shall
<br />not cause, by its transmitter or other activities,
<br />including the addition of any equipment at a future
<br />date, interference to Owner or other tenants that
<br />have previously commenced rental payments. Tenant
<br />shall provide Owner with a list of frequencies to be
<br />used at the Site prior to putting said frequencies into
<br />operation. If interference occurs which involves
<br />Tenant, Owner may require that an intermodulation
<br />study be conducted at Tenant's cost. If Owner
<br />determines that the interference is the responsibility
<br />of Tenant, Owner will notify Tenant and Tenant shall
<br />have five (5) business days from date of notice to
<br />correct the interference and if not corrected, Tenant
<br />shall cease, and Owner shall have all rights to any
<br />legal means necessary including injunctive relief and
<br />self help remedies to cause Tenant to cease
<br />transmission, except for intermittent testing for the
<br />purpose of correcting the interference. If interference
<br />cannot be corrected within sixty (60) calendar days
<br />from Tenant's receipt of Owner's notice, then Owner
<br />may terminate this Agreement without further
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<br />ANTSITE 11-20-00
<br />April 25. 2007
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<br />Tenant Site 10:
<br />Tenant Site Name;
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<br />obligations to Tenant. Further, if Owner determines
<br />that another tenant at the Site is causing interference
<br />to Tenant and the interference is not corrected within
<br />sixty (60) days from Owner's determination, and such
<br />interference precludes Tenant from using the Site for
<br />its intended purpose, Tenant may terminate this
<br />Agreement. Owner will require substantially similar
<br />interference language as outlined in this paragraph in
<br />all future Tenant Agreements related to this Site.
<br />13. Utilities . Tenant will pay for all utilities used by it
<br />at the Site and Tenant will install its own electric
<br />meter. Tenant will be responsible directly to the
<br />appropriate utility companies for all utilities required
<br />for Tenant's use of the Site. However, Owner agrees
<br />to cooperate with Tenant, at Tenant's expense, in its
<br />efforts to obtain utilities from any location provided by
<br />the Owner or the servicing utility. Temporary
<br />interruption in the power provided by the facilities will
<br />not render Owner liable in any respect for damages
<br />to either person or property nor relieve Tenant from
<br />fulfillment of any covenant or agreement hereof. If
<br />any of Tenant's communications Equipment fails
<br />because of loss of any electrical power, and the
<br />restoration of the electrical power is within the
<br />reasonable control of Owner, Owner will use
<br />reasonable diligence to restore the electrical power
<br />promptly, but will have no claim for damages on
<br />account of an interruption in electrical service
<br />occasioned thereby or resulting therefrom.
<br />14. Relocation Right. If determined necessary by
<br />Owner to relocate the tower, Owner will have the
<br />right to relocate the telecommunications facility of
<br />Tenant, or any part thereof, to an alternate tower
<br />location ("Relocation Site") on Owner's property;
<br />provided, however, that such relocation will {i} be at
<br />Tenant's sole cost and expenseo (ii) not unreasonably
<br />result in any interruption of the communications
<br />service provided by Tenant on Owner's property, and
<br />(iii) not impair, or in any manner alter, the quality of
<br />communications service provided by Tenant on and
<br />from Owner's property. Owner will exercise its
<br />relocation right by delivering written notice to Tenant.
<br />In the notice, Owner will propose an alternate site on
<br />Owner's property to which Tenant may relocate its
<br />Equipment. Tenant will have sixty (60) days from the
<br />date it receives the notice to evaluate Owner's
<br />proposed Relocation Site, during which period
<br />Tenant will have the right to conduct tests to
<br />determine the technological feaSibility of the
<br />proposed Relocation Site. Failure to respond in
<br />writing within the sixty (60) day period will be deemed
<br />an approval. If Tenant disapproves such Relocation
<br />Site, then Owner may thereafter propose another
<br />Relocation Site by notice to Tenant in the manner set
<br />forth above. Tenant's disapproval of a Relocation Site
<br />must be reasonable. Tenant will have a period of
<br />ninety (90) days after completion of the Relocation
<br />Site to relocate its Equipment at Tenant's expense to
<br />the Relocation Site. Owner and Tenant hereby agree
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<br />Tenant Initials; _ Owner Initials:_. __...._. _~
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