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<br />payment of an additional Seven Hundred and No /100 Dollars ($700.00) no later than ten (10) days prior to the
<br />expiration date of the Initial Option Term.
<br />(d) The Option may be sold, assigned or transferred at any time by Tenant to Tenant's parent
<br />company or member if Tenant is a limited liability company or any affiliate or subsidiary of, or partner in, Tenant
<br />or its parent company or member, or to any third party agreeing to be subject to the terms hereof. Otherwise, the
<br />Option may not be sold, assigned or transferred without the written consent of Landlord, such consent not to be
<br />unreasonably withheld, conditioned or delayed. Tenant will have the right to assign this Agreement or sublease
<br />the Premises and its rights herein, in whole or in part, provided that the assignee or sublessee assumes, recognizes
<br />and also agrees to become responsible to the Landlord for the performance of all terms and conditions of this
<br />Agreement. Upon notification to Landlord by Tenant of any such action, Tenant will be relieved of all future
<br />performance, liabilities and obligations under this Agreement to the extent of such assignment.
<br />(e) During the Initial Option Term and any extension thereof, Tenant may exercise the Option by
<br />notifying Landlord in writing. If Tenant exercises the Option then Landlord leases the Premises to the Tenant
<br />subject to the terms and conditions of this Agreement. If Tenant does not exercise the Option during the Initial
<br />Option Term, or any extension thereof, this Agreement will terminate and the parties will have no further liability
<br />to each other.
<br />(f) If during the Initial Option Term or any extension thereof, or during the term of this Agreement if
<br />the Option is exercised, Landlord decides to subdivide, sell, or change the status of the zoning of the Premises,
<br />Property or any of Landlord's contiguous, adjoining or surrounding property (the "Surrounding Property,"
<br />which includes (without limitation) the remainder of the structure) or in the event of foreclosure, Landlord shall
<br />immediately notify Tenant in writing. Any sale of the Property shall be subject to Tenant's rights under this
<br />Agreement. Landlord agrees that during the Initial Option Term or any extension thereof, or during the Term of
<br />this Agreement if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the
<br />Premises, Property or Surrounding Property or impose or consent to any other restriction that would prevent or
<br />limit Tenant from using the Premises for the uses intended by Tenant as hereinafter set forth in this Agreement.
<br />2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of
<br />communications signals and the installation, construction, maintenance, operation, repair, replacement and
<br />upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may
<br />include a suitable support structure, associated antennas, not to exceed twelve (12) antennas, I beams, equipment
<br />shelters or cabinets and fencing and any other items necessary to the successful and secure use to the Premises
<br />(collectively, the "Communication Facility "), as well as the right to test, survey and review title on the
<br />Property; Tenant further has the right to add, modify and/or replace equipment in order to be in compliance with
<br />any current or future federal, state or local mandated application, including, but not limited to, emergency 911
<br />communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use ").
<br />Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on
<br />Exhibit 1 will not be deemed to limit Tenant's Permitted Use. If Exhibit 1 includes drawings of the initial
<br />installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's
<br />approval of Exhibit 1. Tenant has the right to install and operate transmission cables from the equipment shelter
<br />or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and
<br />communication lines from the main entry point to the equipment shelter or cabinet, and to make Property
<br />improvements, alterations, upgrades or additions appropriate for Tenant's use ( "Tenant Changes "). Tenant
<br />Changes include the right to construct a fence around the Premises and undertake any other appropriate means to
<br />secure the Premises. Tenant agrees to comply with all applicable governmental laws, rules, statutes and
<br />regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to modify,
<br />supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the
<br />Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be
<br />allowed to make such alterations to the Property in order to accomplish Tenant's Changes or to insure that
<br />Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In
<br />the event Tenant desires to modify or upgrade the Communication Facility, and Tenant requires an additional
<br />Minnesota Option Structure Lease
<br />2005 2
<br />- 3 2 -
<br />Final Date: 050617
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