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<br />or set-off, on the date the term of this lease commences and on the same day each <br />year thereafter this lease remains in effect. <br /> <br />4. Term. The term of this Lease ("the Lease Term") shall commence on January 1,2009 <br />and shall continue for a period of 5 years. However, either party may cancel this <br />Lease at any time upon 90 days written notice to the other party. In the event of an <br />early termination under this Lease, Landlord must refund to Tenant any rent <br />previously paid by Tenant attributable to the portion of the term following <br />termination calculated by multiplying the annual rent paid by a fraction, the <br />numerator of which is the number of days from the effective date of termination to <br />the next anniversary of the Commencement Date, and the denominator of which is <br />365. Should Tenant hold over with Landlord's consent after the term of this lease <br />expires without entering into a new lease or lease extension, Tenant will continue to <br />occupy the premises under this lease, subject to either parties' right to terminate the <br />Lease on 90 days written notice to the other. If Tenant holds over without Landlord's <br />consent, Tenant will be obligated to pay rent at a rate equal to 125% of the rent in <br />effect, together with any other direct and consequential damages suffered by Landlord <br />recoverable at law and reasonable legal fees and costs. <br /> <br />5. Option to Extend. Tenant will have the option to extend the term of this lease for one <br />additional five year term. The option must be exercised by written notice by Tenant <br />to Landlord during the term of this lease, and no later than 120 days prior to the <br />expiration of the initial term of the Lease. During the option term, the terms of this <br />Lease will remain in effect, unamended, except that rent will be increased to $4,488 <br />per annum. <br /> <br />6. Use. The Leased Premises are to be used for the installation, operation and <br />maintenance by Tenant, at Tenant's sole cost and expense, of such electronic <br />communications apparatus necessary to Tenant's communications and emergency <br />paging functions, including transmitters, receivers, antenna components, cabling and <br />accessories (collectively "Tenant's Equipment"). <br /> <br />7. Tenant's Covenants: Tenant covenants as follows: <br /> <br />A. The initial installation of Tenant's Equipment shall be performed <br />by contractors approved by Landlord, at Tenant's sole cost and expense, in strict <br />compliance with plans and specification approved in writing in advance by <br />Landlord and in a manner consistent with good engineering practices. After the <br />initial installation of Tenant's Equipment, Tenant shall make no changes to, <br />modification of, or additions to the Leased Premises, or add any equipment, <br />fixtures, cables or other items or weight to the Tower or to the Transmitter <br />Building without first receiving prior written approval of Landlord. In the case of <br />any change, modification or addition which may affect a structural portion of the <br />Leased Premises or the Tower, or which will add or redistribute weight to or on <br />the Tower, recertification by a qualified structural engineer acceptable to <br />Landlord, in form and substance satisfactory to Landlord and evidencing that <br />neither the structural soundness nor the insurability of the Tower or the <br />Transmitter Building have been affected, shall be performed and delivered to <br />Landlord promptly upon request, all at Tenant's expense. <br /> <br />2 <br />