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•(b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any
<br />required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental
<br />authority necessary for the construction or operation of the Communication Facility as now and hereafter
<br />intended by Tenant or if Tenant determines in its sole discretion that the cost of obtaining or retaining the same is
<br />commercially unreasonable; or
<br />(c) by Tenant upon written notice to Landlord for any reason, at any time prior to commencement of
<br />construction by Tenant; or
<br />(d) by Tenant upon sixty (60) days prior written notice to Landlord for any reason, so long as Tenant
<br />pays Landlord a termination fee equal to three (3) months Rent, at the then current rate; provided, however, that
<br />no such termination fee will be payable on account of the termination of this Agreement by Tenant under any one
<br />or more of Paragraphs 5(b) Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 8 Interference,
<br />11(d) Environmental, 18 Severability, 19 Condemnation or 20 Casualty of this Agreement.
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<br />7. RELOCATION OF TENANT'S PREMISES:
<br />(a) If Landlord determines it necessary to relocate the Communication Facility, Landlord will have
<br />the right, subject to the following provisions of' this Paragraph, and exercisable at any time after the first five (5)
<br />years of the Initial Term, but only exercisable one time during the Term, and only after providing Tenant with not
<br />less than twelve (12) months prior written notice, to relocate the Communication Facility, or any part thereof, to
<br />an alternate location (the "Relocation Premises ") on Landlord's Property; provided, however, that: (a) all costs
<br />and expenses associated with or arising out of such relocation (including, without limitation, costs associated
<br />with any required zoning approvals and other Governmental Approvals, costs for Tests of the Relocation
<br />Premises, etc.) shall be paid by Landlord; (b) such relocation will be performed exclusively by Tenant or its
<br />agents; (c) such relocation will not unreasonably result in any interruption of the communications service of
<br />Tenant on Landlord's Property; and (d) such relocation will not impair, or in any manner alter, the quality of
<br />communications service provided by Tenant on and from Landlord's Property. Landlord will exercise its
<br />relocation right by delivering written notice pursuant to the terms of this Agreement to Tenant. In the notice,
<br />Landlord will identify the proposed Relocation Premises on Landlord's property to which Tenant may relocate
<br />the Communication Facility. Landlord and Tenant hereby agree that a survey (prepared at the sole cost and
<br />expense of Landlord) of the Relocation Premises (including the access and utility easements) will supplement
<br />Exhibit 1 hereto and become a part hereof, and the Relocation Premises shall be considered the Premises for all
<br />purposes hereunder.
<br />(b) If in Tenant's reasonable judgment no suitable Relocation Premises can be found, Landlord may
<br />not exercise its relocation right described in this Paragraph and may not relocate or cause the relocation of the
<br />Communication Facility; provided, however, that if Landlord is exercising its relocation right described in this
<br />Paragraph in order for Landlord to comply with then current laws, rules, regulations or orders applicable to it,
<br />and in Tenant's reasonable judgment no suitable Relocation Premises can be found, Tenant shall have the right to
<br />terminate this Agreement upon written notice to Landlord, without penalty or further obligation.
<br />8. INSURANCE.
<br />(a) Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) "All
<br />Risk" property insurance for its property's replacement cost; (ii) commercial general liability insurance with a
<br />minimum limit of liability of $2,500,000 combined single limit for bodily injury or death/property damage arising
<br />out of any one occurrence; and (iii) Workers' Compensation Insurance as required by law. The coverage
<br />afforded by Tenant's commercial general liability insurance shall apply to Landlord as an additional insured, but
<br />only with respect to Landlord's liability arising out of its interest in the Property.
<br />(b) Tenant shall have the right to self - insure with respect to any of the above insurance requirements.
<br />IP9. INTERFERENCE.
<br />Minnesota Option Structure Lease 4
<br />2005 Final Date: 050617
<br />-34-
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