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98 <br />2. Pursuant to the Agreement, LESSOR leased to the LESSEE a portion of that certain <br />space ("the Tower Space") on the LESSOR's water tower, hereinafter referred to as the <br />"Tower", located at 3109 33rd Avenue Northeast, in the City of St. Anthony, County of <br />Hennepin, State of Minnesota, as legally described on Exhibit"A" attached hereto and <br />made a part hereof, together with a parcel of land sufficient for the installation of <br />LESSEE's equipment building; together with the non-exclusive right for ingress and <br />egress, seven (7) days a week, twenty-four (24) hours a day (subject to Section 13 of the <br />Agreement), on foot or motor vehicle, including trucks, and for the installation and <br />maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a <br />right-of-way extending from the nearest public right-of-way, 33rd Avenue Northeast, to <br />the Land Space; and together with any further rights of way over and through the <br />Property between the Land Space and the Tower Space for the installation and <br />maintenance of utility wires, poles, cables, conduits, and pipes. In the event any public <br />Utility is unable to use the aforementioned rights-of-way, the LESSOR has agreed to <br />grant an additional right-of-way either to the LESSEE or to the public utility at no cost to <br />the LESSEE,. <br />The Agreement shall commence based upon the first day of the month in which LESSEE <br />commences installation of the equipment on the Premises (the "Commencement Date"). <br />4. The terms, covenants and provisions of the Agreement, the terms of which are hereby <br />incorporated by reference into this Memorandum, shall extend to and be binding upon the <br />heirs, personal representative, successors and assigns of LESSOR and LESSEE. <br />Signatures on following page <br />The remainder of this page intentionally left blank <br />MING Central <br />Memorandum of WNor 'rower Lease Agreement <br />22280480 <br />