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Tenant's use and operation of its facilities must not interfere with the use and operation of <br />other communication facilities on the water tower which have a higher priority use or which <br />preexisted Tenant's Equipment. <br />12. Condition of Water Tower and Property. Owner intends to continue the use of the <br />Property as a water tower for an indefinite period of time. During the term of this Agreement, <br />Owner will keep the water tower in good repair as required by all applicable laws, rules and <br />regulations. Owner will also comply with all rules and regulations enforced by the Federal <br />Communications Commission with regard to the lighting, marking and painting of towers. If <br />Owner fails to make such repairs, including maintenance, the Tenant may make the repairs and <br />the costs thereof will be payable to the Tenant by Owner. Such costs will be reimbursed to <br />Tenant within thirty (30) days following receipt of an invoice together with reasonable <br />supporting documentation evidencing such costs. <br />13. Discontinued Communication Equipment Space. In the event Owner discontinues <br />to offer communication equipment space on the water tower at this location for any reason, as <br />may be determined by Owner in its sole discretion, Owner will have the right to terminate this <br />Agreement by giving notice thereof to Tenant in writing by certified mail, return receipt <br />requested, and such notice will be effective twelve (12) months after receipt of such notice by <br />Tenant as evidenced by the return receipt. Tenant understands and agrees that the water tower <br />and the Leased Property may, from time to time, require repair and/or maintenance, including <br />painting. Upon notification by Owner, Tenant will be responsible and agrees to provide adequate <br />measures to cover its personal property or Equipment, and protect such from paint and debris <br />fallout or damage which may occur during the paint restoration, repair, or maintenance process. <br />In addition, any additional expenses of repainting, repairing, or maintaining Owner's property <br />8 <br />