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02-13-08 Additions
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10/12/2011 2:02:28 PM
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2. Term. Tenant shall have the right to use the Leased Premises for communication <br />purposes upon payment of rent upon Tenant's exercise of its Option pursuant to Subparagraph <br />0(c). The initial term ( "Initial Term ") of this Lease shall be five (5) years plus the initial partial <br />month, if any, commencing upon Tenant's exercise of its Option pursuant to Subparagraph 0(c) <br />( "Commencement Date "), and terminating at Midnight on the last day of the month that contains <br />the fifth annual anniversary of the Commencement Date. Tenant shall have the right to extend <br />this Lease for five additional five -year terms, subject to all of the terms and conditions of this <br />Lease. This Lease shall automatically be renewed for each successive renewal term unless <br />Tenant notifies Landlord of Tenant's intention not to renew the Lease at least thirty days prior to <br />expiration of the term of any original or renewal term. <br />3. Rent. <br />(a). Upon the Commencement Date, Tenant shall pay Landlord, as rent, the sum of <br />One Thousand Six Hundred Eighty Seven and 09/100 Dollars ($1,687.09) per month ( "Rent "). <br />The first payment of Rent shall be due within twenty (20) days following the Commencement <br />Date and shall be prorated based on the number of days remaining in the month containing the <br />Commencement Date, and thereafter Rent shall be payable on the first day of each month in <br />advance to the city of Little Canada at the address specified in Paragraph 12. During the Initial <br />Term and any Renewal Terms, monthly Rent shall be adjusted, effective on the first day of the <br />month beginning after each anniversary of the Commencement Date, to an amount equal to one <br />hundred four percent (104 %) of the monthly Rent in effect immediately prior to the adjustment <br />date. <br />(b). If this Lease is terminated at a time other than on the last day of a month, Rent <br />shall be prorated as of the date of termination, and, in the event of termination for any reason <br />other than nonpayment of Rent, all prepaid Rents shall be refunded to Tenant. <br />4. Use. Tenant may use the Leased Premises for the installation, operation and <br />maintenance of facilities for the transmission and reception of radio communication signals in <br />such frequencies as may be assigned to Tenant by the Federal Communications Commission <br />( "FCC ") and for the storage of related equipment in accordance with the provisions of this Lease. <br />Tenant shall use the Leased Premises in compliance with all federal, state and local laws and <br />regulations. If for any reason Tenant's use of the Leased Premises fails to comply with any <br />federal, state or local law and Tenant fails to bring its use within compliance within thirty days of <br />written notice of such noncompliance, this Lease shall be terminated as provided herein, unless <br />sooner authorized by such law. Landlord agrees to reasonably cooperate with Tenant in <br />obtaining, at Tenant's expense, all licenses and permits required for Tenant's use of the Leased <br />Premises. <br />5. Installation of Improvements, Access, Utilities. <br />(a). Tenant shall have the right, at its sole cost and expense, to install, operate and <br />maintain on the leased portions of the Tower described in Exhibit B attached hereto, all of the <br />equipment, personal property and facilities described in Exhibit D attached hereto, which <br />facilities include radio transmitting and receiving antennas (the "Antenna Facilities "). Tenant's <br />installation of all such equipment, personal property and facilities shall be done according to <br />plans approved by the Landlord, and no equipment or property shall be subsequently moved <br />without Landlord's approval. Prior to the start of construction Tenant shall provide Landlord an <br />escrow deposit of Two Thousand and no /100 Dollars ($2,000.00) to pay for construction over- <br />sight by a qualified professional retained by the Landlord. Any unused amount of this escrow <br />fund shall be returned to Tenant within 30 da s of final a...roval of the installation of the <br />Antenna Facilities. The Antenna Facilities shall remain the exclusive property of Tenant, subject <br />to the provisions of Paragraph 7 of this Lease. <br />
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