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Site Number: MNMSP00339B 4 Confidential & Proprietary
<br />Market: Minneapolis Lease Version: 1.0
<br />additional consideration. The Parties acknowledge and agree that Tenant may wish to obtain real property rights or
<br />interests from third-parties and, if requested, Landlord shall promptly provide commercially reasonable assistance
<br />to Tenant with respect to obtaining such rights. Landlord also grants to Tenant: (a) the right to use any fiber installed
<br />at the Property to support Tenant’s Installation, if available; and (b) the right to install such fiber services on,
<br />through, over and/or under the Property in available conduit. It is expressly acknowledged and agreed that independent third party providers of utility services, including, but not limited to, fiber, may utilize the Easements
<br />and conduit for the installation of lines, equipment, and all necessary appurtenances, without the execution of any
<br />further documentation. In the event that the existing electric, gas, telephone, cable or fiber utility sources located
<br />on the Property are insufficient for Tenant’s Permitted Use, Landlord agrees to grant Tenant and/or the applicable
<br />third -party utility or fiber provider the right, at Tenant’s sole cost and expense, to install such utilities on, over and/or under the Property as is necessary for Tenant’s Permitted Use, provided that the location of such utilities
<br />shall be mutually agreed upon by Landlord and Tenant prior to the commencement of installation thereof. The
<br />Easements are depicted on the drawings attached hereto and incorporated herein as Exhibit B.
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<br />4.2 Liens . Tenant will use commercially reasonable efforts to prevent any lien from attaching to the
<br />Property or any part thereof. If any lien is filed purporting to be for labor or material furnished or to be furnished at
<br />the request of Tenant, then Tenant shall do all acts necessary to discharge such lien by payment, satisfaction or
<br />posting of bond within ninety (90) days of receipt of Notice of the same from Landlord; provided, that Tenant may
<br />contest any such lien if Tenant provides Landlord with cash or a letter of credit in the amount of said lien as security
<br />for its payment within such ninety (90) day period, and thereafter diligently contests such lien. In the event Tenant
<br />fails to deposit the aforementioned security with Landlord and fails to pay any lien claim after entry of final jud gment in favor of the claimant, then Landlord shall have the right to expend all sums reasonably necessary to
<br />discharge the lien claim.
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<br />4.3 Real Estate Taxes . Landlord shall pay all Taxes that accrue against the Property and/or Tower
<br />during the Term, which shall be deemed to be included as part of the Rent charged to Tenant. “Taxes ” means any
<br />present or future federal, state, county, municipal or local taxes, assessments, levies, benefit charges, and/or other
<br />governmental and/or private impositions (including business park charges and dues), levied, assessed and/or agreed
<br />to be imposed upon the Property and/or Tower, or upon the rent due and payable hereunder, whether or not now
<br />customary or within the contemplation of the Parties hereto and regardless of whether the same shall be
<br />extraordinary or ordinary, general or special, or similar or dissimilar to any of the foregoing, but shall not include any inheritance, estate, succession, income, profits or franchise tax. If any such tax or excise is levied or assessed
<br />directly against Tenant, then Tenant shall be responsible for and shall pay the same at such times and in such manner
<br />as the taxing authority requires. Tenant shall be liable for all taxes levied or assessed against Tenant’s personal
<br />property or Tenant’s fixtures placed in the Premises, whether levied or assessed against Landlord or Tenant.
<br />Landlord shall reasonably cooperate with Tenant, at Tenant’s expense, in filing, prosecuting and perfecting any
<br />appeal or challenge to Taxes as set forth in the preceding sentence, including but not limited to, executing any
<br />consent, appeal or other similar document. If, as a result of any appeal or challenge by Tenant, there is a reduction,
<br />credit or repayment received by Landlord for any Taxes previously paid by Tenant, Landlord agrees to promptly
<br />reimburse to Tenant the amount of said reduction, credit or repayment. If Tenant does not have the standing rights
<br />to pursue a good faith and reasonable dispute of any Taxes under this section, Landlord will pursue such dispute at
<br />Tenant’s sole cost and expense upon written request of Tenant.
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<br />5. Interference and Structure Damage.
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<br /> 5.1 Interference. Tenant agrees to use commercially reasonable efforts to ensure that Tenant’s Equipment does not cause measurable Interference (as defined below) with the electronic equipment, operations of,
<br />or other telecommunications equipment installed at the Property as of the Effective Date. Following Tenant’s
<br />Installation, Landlord agrees not to install or to permit others to install any structure or equipment which would
<br />block or otherwise interfere with any transmission or reception by Tenant’s Equipment (whether such blockage or
<br />interference is in the form of an emission, radiation, induction, harmonic, a physical barrier or otherwise
<br />(“Interference”)). If Interference continues for a period more than seventy-two (72) hours following a Party’s
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