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m (b) Tenant shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Tenant shall have the right to draw electricity and other utilities from the existing utilities on the Property or obtain separate utility service front any utility company that will provide service to the Property, provided that Landlord approves in advance any separate utility company selected by Tenant. Nothing herein shall be deemed to require Landlord to approve any utility company or grant any utility company any rights in the Property. (c) Tenant, Tenant's employees, agents and contractors shall have access to the Premises without notice to Landlord twonty-four (24) hours a day, seven (7) days a week, at no charge. Tenant's lease of the Premises pursuant to the terms hereof includes the right to access the same from the closest public right -of way. Tenant's indemnification and other obligations set forth herein are applicable to all access points to the Premises as well as the Premises depicted on Exhibit B. (d) Deleted. 7. Interference (a) Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC") requirements including those prohibiting interference to communications i'acilities of Landlord or other lessees or licensees of the Properly, provided that the installation and operation of any such facilities predate the installation of the Tenant Facilities, except as defined fu Paragraph 5 (b). (b) Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property or property conti;,ruous thereto owned or controlled by Landlord, if such modifications cause intolei once mill Tenant's operations. in due event interfcrenco occurs, Landlord agrees io use best efforts to eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a material breach of this Agreement. S. Taxes. If property taxes are assessed on the Tenant',Facilities or the Tenant's ase of the Premises, Tenant shall pay any portion of such taxes directly attributable to the Tenant Facilities. Landlord shall pay when due all real property taxes, assessments and defamed taxes on the Property. 9. Waiver of Landlord's Lien. (a) Landlord waives any lien sights it may have concerning the Tenant Facilities, all of which are deemed Tenant's personal property and not fixtures, and "Tenant hasthe right to remove the same at any time without Landlord's consent. (b) Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Tenant Facilities ("Collateral") with a third party financing entity (and ntay in the future enter into additional financing arrangements with other financing entities). ht connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt front execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Tenant Default; Termination. In the event Tenant fails to perform any of its obligations hereunder, and such failure continues for sixty (60) days after notice frog Landlord and opportunity to cure (or, in the case of a monetary default, ten (10) (lays after notice and opportunity to cure, except no notice is required for the payment of recurring monthly Rent), Landlord may exercise any of the following remedies: a. Termination. Landlord may deliver Tenant notice that this Agreement is terminated on the date specified in such notice, and upon such date this Agreement shall terminate, and all obligations of tine parties shall terminate on such date, except for those obligations specifically described to survive. b. Confirmation after Default. Landlord may allow this Agreement to continue, preserving all remedies arising from such default, and may, at Landlord's option, cancel all remaining Renewal Terms. 10.15.2004