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Site Number: MNMSP00339B 1 Confidential & Proprietary
<br />Market: Minneapolis Lease Version: 1.0
<br />TOWER CELL SITE LEASE AGREEMENT
<br />
<br /> This Tower Cell Site Lease Agreement (the “Agreement ”) is made and effective as of ____________ (the
<br />“Effective Date ”), by and between, City of Saint Anthony, a municipal corporation having a place of business at
<br />3301 Silver Lake Road, Saint Anthony, Minnesota 55418 (“Landlord”), and DISH Wireless L.L.C., a Colorado limited liability company having a place of business at 9601 S. Meridian Blvd., Englewood, Colorado 80112
<br />(“Tenant,” and together with Landlord, the “Parties ,” each a “Party ”).
<br />
<br />WITNESSETH:
<br /> 1. Definitions.
<br />
<br />“Affiliate(s)” means, with respect to a Party, any person or entity, directly or indirectly, controlling, controlled
<br />by, or under common control with such Party, in each case for so long as such control continues. For purposes of
<br />this definition, “control” shall mean (i) the ownership, directly or indirectly, or at least fifty percent (50%) of either:
<br />(a) the voting rights attached to issued voting shares; or (b) the power to elect fifty percent (50%) of the directors
<br />of such entity, or (ii) the ability to direct the actions of the entity. Notwithstanding the preceding, for purposes of
<br />this Agreement, EchoStar Corporation and its direct and indirect subsidiaries shall not be deemed to be “Affiliates”
<br />of Tenant unless after the Effective Date any such entity qualifies as a direct or indirect subsidiary of DISH Network
<br />Corporation.
<br /> “Applicable Law” means any applicable federal, state or local act, law, statute, ordinance, building code, rule,
<br />regulation or permit, or any order, judgment, consent or approval of any Governmental Authority having jurisdiction
<br />over the Parties or this Agreement.
<br />
<br />“Cable Space ” means the additional leased ground space on the Property for the installation, use, operation,
<br />modification, repair, replacement, monitoring and maintenance of wires, cables, fiber/T -1, conduits, pipes running
<br />between and among the Equipment Space, Tower Space and/or public right of way, and to all necessary electrical,
<br />fiber and telephone utility s ources located on the Property.
<br />
<br />“Equipment Space ” means the leased ground space where cabinets, generators, cabling, conduit, backhaul fiber, electrical feeds and similar supporting communications equipment are located.
<br />
<br />“Governmental Authority” means any: (i) federal, state, county, municipal, tribal or other local government
<br />and any political subdivision thereof having jurisdiction over the Parties or this Agreement; (ii) any court or
<br />administrative tribunal exercising proper jurisdiction; or (iii) any other governmental, quasi-governmental, self-
<br />regulatory, judicial, public or statutory instrumentality, authority, body, agency, bureau or entity of competent
<br />jurisdiction.
<br />
<br />“Installation” means the installation of Tenant’s Equipment at the Premises.
<br />
<br />“Property” means that certain parcel of real property upon which the Tower and Ground Space are located.
<br />“Tower ” means the structure located on the Property upon which Tenant’s antennas, radios, and related
<br />communication equipment are mounted, but does not include the ground space used for the placement of cabinets,
<br />generators, cabling, conduit, backhaul fiber, electrical feeds and similar supporting communications equipment are
<br />located.
<br />“Tower Space ” means that portion of the Tower designated for use by the Tenant for the installation, use,
<br />operation, modification, repair, replacement, monitoring and maintenance of antennas, radios, cables/coax, nodes,
<br />and/or related equipment, which will be comprised of a radiation center with a minimum of five (5) feet in each
<br />vertical direction of separation from adjacent occupants on the Tower.
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