|
SITENAME 41
<br />SI'Z'E NUMBER: MN-MSP0210
<br />performance of any maintenance of the Water Tank, including, but not limited to, turning down the cell site when
<br />maintenance workers are in the immediate vicinity of the antennas.
<br />8. Access and Utilities.
<br />8.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors
<br />and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Tenant.
<br />Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non-exclusive right and easement for
<br />pedestrian and vehicular ingress and egress across the Property, and such right and easement may be described
<br />generally in Exhibit B.
<br />8.2 Landlord shall maintain all access roadways from the nearest public roadway to the
<br />Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather
<br />conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except
<br />for any damage caused by Tenant's use of such roadways.
<br />8.3 Tenant shall pay for the electricity it consumes in its operations at the rate charged by the
<br />servicing utility company. Tenant shall have the right to draw electricity and other utilities from the existing utilities
<br />on the Property or obtain separate utility service from any utility company that will provide service to the Property,
<br />provided that Landlord approves in advance any separate utility company selected by Tenant. Nothing herein shall
<br />be deemed to require Landlord to approve any utility company or grant any utility company the rights in the
<br />Property.
<br />9. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal
<br />Communications Commission ("FCC") requirements including those prohibiting interference to communications
<br />facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any
<br />such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities,
<br />Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to
<br />the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to
<br />cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to
<br />eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a
<br />material breach of this Agreement.
<br />10. Taxes. If property taxes are assessed on the Tenant Facilities or the Tenant's use of the Premises,
<br />Tenant shall pay any portion of such taxes directly attributable to the Tenant Facilities. Landlord shall pay when
<br />due all real property taxes, assessments, and deferred taxes on the property.
<br />11. Termination.
<br />11.1 This Agreement may be terminated without further liability on thirty (30) days prior
<br />written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which
<br />default is not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not
<br />be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party
<br />has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion;
<br />provided that the grace period for any monetary default is five (5) days from receipt of written notice. This
<br />Agreement may be terminated by Tenant without further liability for any reason or for no reason, provided Tenant
<br />delivers written notice of termination to Landlord prior to the Commencement Date.
<br />11.2 This Agreement may also be terminated by Tenant without further liability on thirty (30)
<br />days prior written notice (i) if Tenant is unable to reasonably obtain or maintain any certificate, license, permit,
<br />authority or approval from any governmental authority, thus, restricting Tenant from installing, removing, replacing,
<br />maintaining or operating the Tenant Facilities or using the Premises in the manner intended by Tenant; (ii) if Tenant
<br />determines that the Premises are not appropriate for its operations for economic, environmental or technological
<br />reasons, including without limitation, signal strength, coverage or interference, or (iii) or Tenant otherwise
<br />determines, within its sole discretion, that it will be unable to use the Premises for Tenant's intended purpose.
<br />12. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed,
<br />condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of
<br />the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more
<br />Clcanvirc Communication 9'owcr Ayrecnunt -
<br />3- v.5-22.06
<br />
|