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<br />provided in Section 5 above. The initial term and all extensions shall be collectively referred to
<br />herein as the "Term".
<br />7. TAXES. LESSEE shall have the responsibility to pay any personal property, real
<br />estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the
<br />result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the
<br />LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that
<br />LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the
<br />Property is located), including any increase in real estate taxes at the Property which LESSOR
<br />demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises.
<br />LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies,
<br />assessments and other charges imposed including franchise and similar taxes imposed upon the
<br />business conducted by LESSOR or LESSEE, respectively, at the Property. Notwithstanding the
<br />foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that
<br />LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that
<br />such tax is properly assessed provided that no lien attaches to the Property. Nothing in this
<br />Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income
<br />taxes in connection with any Property or otherwise. Except as set forth in this Paragraph,
<br />LESSOR shall have the responsibility to pay any personal property, real estate taxes,
<br />assessments, or charges owed on the Property and shall do so prior to the imposition of any lien
<br />on the Property.
<br />LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal,
<br />challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or
<br />partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's
<br />expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the
<br />preceding sentence, including but not limited to, executing any consent, appeal or other similar
<br />document. In the event that as a result of any appeal or challenge by LESSEE, there is a
<br />reduction, credit or repayment received by the LESSOR for any taxes previously paid by
<br />LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction,
<br />credit or repayment. In the event that LESSEE, does not have the standing rights to pursue a
<br />good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such
<br />dispute at LESSEE's sole cost and expense upon written request of LESSEE.
<br />8. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for
<br />the purpose of constructing, maintaining, repairing and operating a communications facility and
<br />uses incidental thereto. All improvements, equipment, antennas and conduits shall be at
<br />LESSEE's expense and their installation shall be at the discretion and option of LESSEE,
<br />provided, however, that the exact location of the antennas, connecting cables and appurtenances
<br />on the Premises will be as reasonably approved by LESSOR. LESSEE shall have the right to
<br />replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any
<br />portion thereof and the frequencies over which the equipment operates, whether the equipment,
<br />antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the
<br />'Perm. Notwithstanding the foregoing, if LESSEE wishes to increase the number of antennas to
<br />more than nine (9), LESSEE must obtain the written consent of LESSOR, which consent shall
<br />not be unreasonably withheld or delayed. If LESSOR consents, the LESSOR and LESSEE will
<br />negotiate the amount of additional rent for the antennas. It is understood and agreed that
<br />MING Cenhal
<br />Water "rower Lease Agreement
<br />22276800
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