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Site Number: MNMSP00339B 5 Confidential & Proprietary
<br />Market: Minneapolis Lease Version: 1.0
<br />receipt of notification thereof, Landlord shall cause any interfering party to cease operating and/or relocate the
<br />source of Interference or to reduce the power sufficiently to minimize the Interference until such Interference can
<br />be remedied. Landlord represents, warrants and covenants that all leases, subleases, or other agreements entered
<br />into by Landlord or any Affiliate of Landlord for the installation of equipment used for any service utilizing in
<br />whole or in part the transmission or reception of any radio frequency(ies) at the Property contain or will contain language prohibiting interference to any then pre-existing use of the Property. The Parties acknowledge and agree
<br />that there will not be an adequate remedy at law for noncompliance with the provisions of this Section 5.1, and
<br />therefore either Party shall have the right to equitable remedies, including, without limitation, injunctive relief and
<br />specific performance.
<br /> 5.2 Structure Unfit For Tenant’s Permitted Use. In the event that all or a substantial portion of the
<br />Tower is destroyed, damaged or otherwise unfit for Tenant’s occupancy in accordance with the Tenant’s Permitted
<br />Use (as determined by Tenant in its reasonable discretion) and the Tower cannot be restored, or rebuilt, by Landlord
<br />within thirty (30) days to a condition which is fit for Tenant’s occupancy in accordance with the Tenant’s Permitted
<br />Use (as determined by Tenant in its reasonable discretion), then Tenant may elect to immediately terminate this
<br />Agreement by written Notice to Landlord without penalty or further obligation to Landlord, its employees, officers,
<br />agents or lenders. Landlord shall inform Tenant whether Landlord intends to rebuild, repair or replace the Tower as
<br />soon as possible under the circumstances, but in all cases within ten (10) days following Landlord’s discovery of
<br />such condition. In the event Tenant does not elect to terminate this Agreement, then Landlord shall promptly
<br />commence and diligently pursue to completion the restoration or repair of the Tower in accordance with prevailing
<br />tower industry standards, at Landlord’s sole cost and expense. If such restoration or repair cannot reasonably be undertaken without moving Tenant’s Equipment, then, at Landlord’s sole cost and expense, Tenant may remove
<br />Tenant’s Equipment from the Tower, thereafter replacing Tenant’s Equipment on the Tower as soon as reasonably
<br />possible. Tenant shall be entitled to deploy and use a mobile structure, temporary power solution or other interim
<br />cell siting arrangement in a location mutually agreed upon by the Parties in good faith, and to an abatement of its
<br />Rent obligation (and/or a pro rata refund of prepaid Rent, as applicable) until such time that the affected facility is
<br />replaced or otherwise restored to a condition fit for Tenant’s occupancy in accordance with the Tenant’s Permitted
<br />Use (as determined by Tenant in its reasonable discretion).
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<br />6. Maintenance and Repair Obligations.
<br />6.1 Landlord Maintenance of the Tower. Landlord represents and warrants that: (i) its operation of the
<br />Tower and Property (exclusive of Tenant’s Equipment), including, without limitation, any required or advisable
<br />lighting systems, currently complies with, and will be maintained throughout the Term of this Agreement in
<br />accordance with, all Applicable Laws. Landlord s hall at all times throughout the Term maintain, at its sole cost
<br />and expense, the Tower and the Property, including, without limitation, the lighting systems, transmission lines,
<br />equipment and building(s) in good operating condition. In no event shall Landlord access, power down, move,
<br />modify or otherwise alter Tenant’s Equipment without Tenant’s prior written consent (email being sufficient).
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<br />6.2 Tenant Maintenance of Tenant’s Equipment. Tenant assumes sole responsibility for the
<br />maintenance, repair and/or replacement of Tenant’s Equipment, except as set forth in Section 6.1. Tenant agrees to perform all maintenance, repair or replacement of Tenant’s Equipment (“Tenant Maintenance”) in accordance
<br />with Applicable Law, and in a good and workmanlike manner. Tenant acknowledges and agrees that Tenant shall
<br />not be permitted to conduct Tenant Maintenance in a manner that would materially increase the size of the
<br />Premises.
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<br />7. Surrender and Hold Over.
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<br /> 7.1 Surrender. Except as set forth to the contrary herein, within ninety (90) days following the
<br />expiration or termination of the Term of this Agreement (including any period(s) of renewal or extension) (the
<br />“Equipment Removal Period”) in each case in accordance with the terms of this Agreement, Tenant will surrender
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