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<br />10 <br /> <br /> Tenant's use and operation of its facilities must not interfere with the use and <br />operation of other communication facilities on the water tower which have a higher <br />priority use or which preexisted Tenant's Equipment. <br /> 12. Condition of Water Tower and Property. Owner intends to continue the <br />use of the Property as a water tower for an indefinite period of time. During the term of <br />this Agreement, Owner will keep the water tower in good repair as required by all <br />applicable laws, rules and regulations. Owner will also comply with all rules and <br />regulations enforced by the Federal Communications Commission with regard to the <br />lighting, marking and painting of towers. If Owner fails to make such repairs, including <br />maintenance, the Tenant may make the repairs and the costs thereof will be payable to the <br />Tenant by Owner. Such costs will be reimbursed to Tenant within thirty (30) days <br />following receipt of an invoice together with reasonable supporting documentation <br />evidencing such costs. <br /> 13. Discontinued Communication Equipment Space. In the event Owner <br />discontinues to offer communication equipment space on the water tower at this location <br />for any reason, as may be determined by Owner in its sole discretion, Owner will have <br />the right to terminate this Agreement by giving notice thereof to Tenant in writing by <br />certified mail, return receipt requested, and such notice will be effective twenty-four (24) <br />months after receipt of such notice by Tenant as evidenced by the return receipt, provided <br />however than Owner agrees not to terminate this Agreement pursuant to this right during <br />the first ten (10) years of this Agreement. Tenant understands and agrees that the water <br />tower and the Leased Property may, from time to time, require repair and/or maintenance,