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22. WAIVER OF LANDLORD'S LIENS. Landlord waives any and all lien rights it may have, statutory or
<br />otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be
<br />deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or
<br />personal property under applicable law, and Landlord consents to Tenant's right to remove all or any portion of the
<br />Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent.
<br />23. TAXES.
<br />(a) Tenant shall be solely responsible for and shall timely pay all personal property taxes levied and
<br />assessed against it or its personal property. Tenant shall reimburse the Landlord for Tenant's proportionate share of
<br />the real estate taxes, upon timely receipt of a copy of the tax bill and request for reimbursement from the Landlord.
<br />For purposes herein, Tenant's proportionate share shall be determined based upon the square footage of the
<br />Premises (excluding therefrom any unassessed square footage used by Tenant, e.g., the rooftop) relative to
<br />Landlord's entire parcel of real estate (using, in the case of building space, the net usable square footage of the
<br />building, and in the case of leased land, the unimproved portion of Landlord's real estate (including parking areas)).
<br />At the request of either party, the other shall provide evidence of payment of taxes.
<br />(b) Tenant shall have the right to contest all taxes, assessments, charges and impositions assessed
<br />against its personal property or improvements, and Landlord agrees to join in such contest, if required by law, and to
<br />permit the Tenant to proceed with the contest in Landlord's name, provided that the expense of the contest is borne
<br />by Tenant. If the Landlord initiates an action to contest taxes or other items, Tenant may join in such action
<br />provided that Tenant pays its own expenses of so participating. Landlord shall, within fourteen (14) days of receipt
<br />of notice of any increase in taxes, assessments or other charges, send a copy of such notice by certified mail, return
<br />receipt requested, to Tenant. If Landlord fails to give Tenant such notice as set forth above, Landlord will be
<br />responsible for payment of any increases and Tenant shall have the option to pay the same and deduct such payment
<br />from Rent or any other sums next due.
<br />24. SALE OF PROPERTY. If Landlord, at any time during the Term of this Agreement, decides to sell,
<br />subdivide or rezone any of the Premises, all or any part of the Property or Surrounding Property, to a purchaser
<br />other than Tenant, Landlord shall promptly notify Tenant in writing, and such sale, subdivision or rezoning shall
<br />be subject to this Agreement and Tenant's rights hereunder. Landlord agrees not to sell, lease or use any areas of
<br />the Property or Surrounding Property for the installation, operation or maintenance of other wireless
<br />communications facilities if such installation, operation or maintenance would interfere with Tenant's Permitted
<br />Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole
<br />discretion, any such testing to be at the expense of Landlord or Landlord's prospective purchaser, and not Tenant.
<br />If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall
<br />be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of
<br />any installation, operation or maintenance of any other wireless communications facility or equipment. Landlord
<br />shall not be prohibited from the selling, leasing or use of any of the Property or the Surrounding Property for non-
<br />wireless communication use. In the event the Property is transferred, the new landlord shall have a duty at the
<br />time of such transfer to provide Tenant with a completed IRS Form W -9, or its equivalent, and other related
<br />paper work to effect a transfer in Rent to the new landlord. The provisions of this Paragraph 23 shall in no way
<br />limit or impair the obligations of Landlord under Paragraph 8 above.
<br />25. MISCELLANEOUS.
<br />(a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in
<br />writing and signed by an authorized agent of the Landlord and an authorized agent of the Tenant. No provision
<br />may be waived except in a writing signed by both parties.
<br />(b) Memorandum /Short Form Lease. Either party will, at any time upon fifteen (15) business
<br />days prior written notice from the other, execute, acknowledge and deliver to the other a recordable
<br />Memorandum or Short Form of Lease. Either party may record this Memorandum or Short Form of Lease at any
<br />time, in its absolute discretion.
<br />Minnesota Option Structure Lease
<br />2005 9 Final Date: 050617
<br />-39-
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