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CC PACKET 02122013
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CC PACKET 02122013
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7/30/2015 9:08:51 AM
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4/30/2014 4:40:38 PM
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81 <br />location on the Tower (provided such relocation eliminates the interference), at LESSEE's cost <br />but with no additional rent, and the parties shall attach a revised Exhibit A showing the new <br />antenna/coax locations. LESSEE is obligated to fully restore site, including any portion <br />abandoned if LESSEE relocates its facilities in lieu of termination. <br />e. Interference Study - New Occupants. Upon written notice by LESSOR <br />that it has a bona fide request from any other party to lease an area including or in close <br />proximity to the Premises ("Leased Premises Area"), LESSEE agrees to provide LESSOR, <br />within sixty (60) days, the radio frequencies currently in operation or to be operated in the future <br />of each transmitter and receiver installed and operational by LESSEE on the Premises at the time <br />of such request. LESSOR may then have an independent, registered professional engineer of <br />LESSOR's choosing perform the necessary interference studies to determine if the new <br />applicant's frequencies will cause harmful radio interference to LESSEE. LESSOR shall require <br />the new applicant to pay for such interference studies, unless the LESSOR or other higher <br />priority user requests the use. In that event, the LESSEE and all other tenants occupying the <br />Leased Premises Area shall pay for the necessary interference studies, pro rata. <br />f. Interference - New Occupants. LESSOR agrees that it will not grant a <br />future lease in the Leased Premises Area to any party who is of equal or lower priority to <br />LESSEE, if such party's use is reasonably anticipated to interfere with LESSEE's operation of <br />its equipment. LESSOR agrees further that any future lease of the Leased Premises Area will <br />prohibit a user of equal or lower priority from interfering with LESSEE's equipment, LESSOR <br />agrees that it will require any subsequent occupants of the Leased Premises Area of equal or <br />lower priority to LESSEE to provide LESSEE these same assurances against interference. <br />LESSOR shall have the obligation to eliminate any interference with the operations of LESSEE <br />caused by such subsequent occupants. If such interference is not eliminated, LESSEE shall <br />have, as its sole remedy, the right to terminate the Agreement or seek injunctive relief against the <br />interfering occupant, at LESSEE's expense. <br />16. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or <br />within ninety (90) days after any earlier termination of the Agreement, remove its building(s), <br />antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its <br />original condition, reasonable wear and tear and casualty damage excepted; provided, however <br />LESSEE shall restore that portion of the surface of the Tower affected by LESSEE's use thereof. <br />LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal <br />property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the <br />right to remove the same at any time during the Term, whether or not said items are considered <br />fixtures and attachments to real property under applicable Laws. If such time for removal causes <br />LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent <br />at the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer <br />payment term, until such time as the removal of the building, antenna structure, fixtures and all <br />personal property are completed. Upon commencement of this Lease, LESSEE shall deposit <br />with LESSOR the sum of $2,000.00, which amount (without interest thereon) shall be fully <br />refunded to LESSEE upon the timely removal of the equipment, and the restoration of the <br />Premises and any adjacent site, and the restoration of the "lower surface, all to the reasonable <br />satisfaction of the LESSOR. In the event that LESSEE's equipment and equipment building are <br />not removed as herein provided, LESSEE's equipment and equipment building shall be deemed <br />MINC Cenh'al <br />Water' rower Lease Agreement <br />2227680,6 <br />
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