c. Contract approval
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c. Contract approval
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<br />1.4. The limited non-exclusive right, in common with others, to use the roadways existing <br />or as may be constructed on the Site for ingress and egress to and from the Tower and Transmitter <br />Building as reasonably necessary for purposes of installation, removal, maintenance and repair of <br />Tenant's equipment. <br /> <br />All of the foregoing space and rights leased and granted to Tenant under this Lease are hereinafter <br />referred to as the "Leased Premises." <br /> <br />2. Term. Subject to the provisions for termination or extension set forth in this Lease, <br />the term (the "Term") of the Lease shall be for a period often (10) years commencing on the date first <br />written above and ending on the tenth anniversary of such date. Upon the expiration of the initial ten <br />(10) year Term of this Lease, this Lease shall automatically renew for successive one (1) year terms <br />unless either party gives the other ninety (90) days prior notice that it does not wish to renew the Term <br />hereof. <br /> <br />3. Rent. The Tenant shall pay the Landlord an annual rent in the amount of Ten <br />Thousand Dollars ($10,000.00) to be paid annually in advance commencing on March 1,2008 <br />and continuing on the first day of each successive year during the Term. Following the initial year <br />of the Term, the annual rent for each successive year of the Term and any renewal thereof shall <br />be computed as follows: the annual rent for any year shall be the rent payable for the prior <br />year plus an increase equal to the greater of (a) 3% per annum or (b) an increase computed by <br />reference to the Consumer Price Index, U.S. All City Average: All Items (1982-1984=100) <br />published by the Bureau of Labor Statistics of the United States Department of Labor. The <br />computation for such increase shall be the change reflected by such Consumer Price Index, as <br />noted above, as of the first day of the then current lease year compared to the index reflected <br />for the commencement date of the prior lease year. In the event that the Consumer Price Index <br />ceases to use 1982-1984=100 as the basis of calculation, or if a substantial change is made in <br />the terms or number of items contained in the Consumer Price Index, the Consumer Price <br />Index shall be adjusted to the figure that would have been arrived at had the manner of <br />computing not been altered. In the event such Consumer Price Index (or successor or <br />substitute index) is not available, a reliable governmental or nonpartisan publication, agreed to <br />by the parties, evaluating the information therefore used in determining the Price Index shall be <br />used. <br /> <br />4. Interference. The Tenant shall take such steps as may be necessary to prevent <br />and/or correct any interference with the radio, telephone or electronic facilities of Landlord <br />or other tenants on the Tower caused by the operations of Tenant on the Site. If such <br />interference cannot be eliminated under applicable Federal Communications Commission <br />("FCC") rules or directives, Tenant shall temporarily disconnect the electric power and shut <br />down the equipment (except for intermittent operation for the purpose of testing, after <br />performing maintenance, repair, modification, replacement, or other action taken for the <br />purpose of correcting such interference) until such interference is corrected; provided, that in <br />the event Landlord determines, in its reasonable discretion, that such interference would cause <br />damage to other equipment on the Site, Landlord shall have the right to immediately <br />temporarily disconnect the electric power and shut down Tenant's equipment until such <br />interference is corrected. <br /> <br />DCOlDOCS323884.2 <br /> <br />2 <br />
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