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Site Number: MNMSP00339B 3 Confidential & Proprietary
<br />Market: Minneapolis Lease Version: 1.0
<br />commercially reasonable manner, then, following the occurrence of any of the events set forth in clauses (i) through
<br />(iii) (collectively, the “Contingencies ”), Tenant shall have the right to terminate this Agreement immediately upon
<br />Notice to Landlord and without penalty or further obligation to Landlord, its employees, officers, agents or lenders.
<br />If this Agreement is terminated in accordance with this Section 2.4, this Agreement shall be of no further force or
<br />effect (except as set forth to the contrary herein). If, following the Commencement Date, and through no fault of Tenant, any Governmental Approval issued to Tenant is canceled, expires, lapses or is otherwise withdrawn or
<br />terminated by the applicable Governmental Authority, then Tenant shall have the right to terminate this Agreement
<br />upon ninety (90) days’ written Notice to Landlord without penalty or further obligation to Landlord, its employees,
<br />officers, agents or lenders.
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<br />3. Use, Access and Installation.
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<br />3.1 Tenant’s Permitted Use. Landlord agrees that Tenant may use the Premises for the purpose of the
<br />installation, operation, and management of a telecommunications facility, including, without limitation, antennas,
<br />nodes, wires, cables, conduits, piping, electrical and utility lines, and other related equipment or personal property
<br />(collectively, “Tenant’s Equipment”), which shall include the right, subject to Section 3.3 below, to replace, repair,
<br />add, or otherwise modify Tenant’s Equipment or any portion thereof and the frequencies over which Tenant’s
<br />Equipment operates (“Tenant’s Permitted Use”). Promptly following Tenant’s request, Landlord shall provide the
<br />most recent structural analysis (if any) in Landlord’s possession to facilitate Tenant or its designee’s production of
<br />a Structural Analysis. Landlord hereby grants permission to Tenant to install, maintain and operate on the Property the Tenant’s Equipment set forth in Exhibit C, attached hereto and incorporated herein by reference.
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<br />3.2 Access. The Parties acknowledge and agree that commencing on the Effective Date and continuing
<br />throughout the Term, Tenant, its employees, agents and contractors shall have unrestricted access to the Premises
<br />24 hours per day, 7 days per week and at no additional cost or expense to Tenant. Further, Landlord grants to Tenant:
<br />(i) the right of ingress and egress to the Property and the Premises; (ii) access to the Property from all public streets
<br />within and bordering the Property; and (iii) access to the Property from any and all public right-of-way(s) adjacent
<br />to the Property and the Premises.
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<br />3.3 Installation of Tenant’s Equipment. Followin g Tenant’s initial Installation, Tenant shall be permitted to: (i) modify or add additional frequencies or technologies; and (ii) replace, modify or add equipment
<br />within the Premises (as long as doing so does not cause a material adverse effect on the structural integrity of the
<br />Tower); in either case, without incurring any increase in the then-current Rent or other modification of the terms
<br />and conditions set forth in this Agreement.
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<br /> 4. Utilities, Liens and Taxes .
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<br />4.1 Utilities . Tenant shall be solely responsible for cost of the electrical utilities used to power Tenant’s
<br />Equipment. Tenant may, but is not obligated to, have its own utility meter installed in a mutually agreed upon
<br />location, and will request that Tenant’s utility usage is billed direc tly to Tenant by the applicable utility company. If separate metering is not commercially reasonable (as determined by Tenant), then Tenant may install a utility sub
<br />meter on Landlord’s main utility meter, which Landlord shall read and bill to Tenant on a monthly basis (without
<br />mark-up) for Tenant’s utility consumption and provide Tenant with documentation to substantiate all invoiced
<br />amounts. If Tenant installs a sub meter, then Tenant’s actual utility usage charges shall be paid by Tenant to
<br />Landlord (eac h without mark-up) within sixty (60) days following Tenant’s receipt of an undisputed invoice and documentation substantiating all invoiced amounts. Landlord grants to Tenant and its utility providers non-
<br />exclusive easement(s) for utilities, including, without limitation, fiber optic cabling and electrical power as may be
<br />reasonably necessary for utilization of Tenant’s Equipment at the Premises (“Easement”). The Parties acknowledge
<br />and agree that independent third-party providers of utility services, including but not limited to, fiber, gas, electric
<br />and telephone, may utilize the Easements. If required by any such third-party provider, Landlord agrees to execute
<br />a separate recordable document or other reasonable documentation evidencing such rights without the payment of
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