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thereafter, the Rent payable by Tenant shall be increased (but never decreased) to an amount determined by multiplying the Rent specified above by a fraction, the denominator of which shall be the most recent Consumer Price Index (CPI) figure, as hereinafter defined, published prior to the Commencement Date of the term, and the numerator of which shall be the most recent CPI figure published prior to the date of the adjustment; provided, however, that in no event shall the Rent be increased to reflect an increase in the CPI for any five -year term for more than fifteen percent (15 %). As used herein, the term "Consumer Price Index" shall mean the United States Department of Labor's Bureau of Labor Statistics, Consumer Price Index, all Urban Consumers, all Items, Minneapolis -St. Paul, Minnesota (1982 -84 equals 100), or the successor of that Index. b. If this Lease is terminated on the last day of a month, Rent shall be date of termination, and, in the event of reason other than nonpayment of Rent, all refunded to Tenant. at a time other than prorated as of the termination for any prepaid Rents shall be 4. Use. Tenant may use the leased premises for the installation, operation and maintenance of facilities for the transmission and reception of radio communication signals in such frequencies as may be assigned to Tenant by the Federal Communications Commission ( "FCC ") and for the storage of related equipment in accordance with the provisions of this Lease. Tenant shall use the leased premises in compliance with all federal, state and local laws and regulations. If for any reason Tenant's use of the leased premises fails to comply with any federal, state or local law, this Lease shall be terminated as provided herein, unless sooner authorized by such law. Landlord agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits required for Tenant's use of the leased premises. 5. Installation of Improvements, Access, Utilities. a. Tenant shall have the right, at its sole cost and expense, to install, operate and maintain on the leased portions of the Tower described in Exhibit B attached hereto, all of the equipment, personal property and facilities described in Exhibit D attached hereto, which facilities include radio transmitting and receiving antennas (the "Antenna Facilities "). Tenant's installation of all such equipment, personal property and facilities shall be done according to plans approved by the Landlord, and no equipment or property shall be subsequently moved without Landlord's approval. The Antenna Facilities shall remain the exclusive property of Tenant, subject to the provisions of Paragraph 7 of this Lease. b. Tenant may update or replace the Antenna Page 21