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no/100ths dollars ($4,800.00) per year for each co-locator. In event this Lease does not terminate pursuant to Section 3 above, Rent shall becomedue and payable upon the earlier to occur of (i) the date of this issuance of the permit for the construction of Tenant’s improvements on the Premisesor (ii) the first day after the expiration of the Due Diligence Period (such earlier date being the “Rent Commencement Date”). Thereafter Rent willbe payable annually in advance by the fifth day following anniversary of Rent Commencement Date to Landlord at the address specified in Section12 below. Landlord, its successors, assigns and/or designee, if any, will submit to Tenant any documents required by Tenant in connection with thepayment of Rent, including, without limitation, an IRS Form W-9.(b) In addition to the annual Rent amounts, on the Rent Commencement Date Tenant will pay a one-time fee to ________________of twenty five thousand dollars ($25,000.00), which is non-refundable in all events and which shall not apply as Rent. In addition prior to theinstallation of each co-locator, if any, Tenant shall pay to ________________, as additional contract consideration fee, twenty five thousand dollars($25,000.00), which is non-refundable in all events and which shall not apply as Rent.(b) During the Initial Term and any Renewal Terms, Rent shall be adjusted, effective on the first day of each year of the Initial orRenewal Term, and on each such subsequent anniversary thereof, to an amount equal to three percent (3%) of the Rent in effect immediately priorto the adjustment date.6. Permitted Use. Tenant shall use the Premises for the purpose of installing, maintaining, and operating the “Antenna Facilities”(as hereinafter defined) and uses incidental thereto and for no other purposes.7. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord or lesseesor licensees of Landlord with rights in the Property on the Effective Date. Such interference shall be deemed a material breach by Tenant, who shall,upon written notice from Landlord, be responsible for terminating said interference at Tenant’s sole cost and expense. If such interference cannot beeliminated within five (5) days after receiving Landlord’s written notice of the interference, Tenant shall immediately cease operating the componentor components of the Antenna Facilities (defined below) causing such interference and shall not reactivate operation thereof, except intermittentoperation solely for the purpose of testing, until the interference has been eliminated. If such interference continues to occur thirty (30) days afterTenant has received Landlord’s written notice, Landlord, at its option, may terminate this Lease immediately upon written notice to Tenant.8. Improvements; Utilities; Access.(a)
Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilitiesnecessary to operate its communications system, including, without limitation, radio transmitting and receiving antennas,microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a location basedsystem, as such location based system may be required by any county, state or federal agency/department, including, withoutlimitation, additional antenna(s), coaxial cable, base units and other associated equipment (collectively, the “AntennaFacilities”).(b)
Tenant’s construction and installation of the Antenna Facilities shall be made according to plans (the “Plans”) approved byLandlord in writing in advance, which approval shall not be unreasonably withheld. The Plans shall include, but not be limitedto, specifications concerning landscaping, site preparation and construction time lines. In connection therewith, Landlord shallrespond to Tenant’s written request for approval of the Plans within fifteen (15) business days after receipt thereof with anydisapproval, objections or proposed modifications. If Landlord does not so respond within fifteen (15) business days, then suchPlans shall be deemed approved by Landlord. Tenant shall not begin any installation or construction of the Antenna Facilitiesuntil Landlord has approved Tenants Plans or such Tenant Plans are deemed approved pursuant to this Section 8(b). Tenant, atits expense, shall use appropriate means of restricting access to the Antenna Facilities, including, without limitation, theconstruction of a fence. Tenant shall, at Tenant’s expense, put, keep and maintain Premises, including, without limitation, theAntenna Facilities now or hereafter located on the Premises, in good condition and repair during the term of this Lease, installand maintain the Antenna Facilities in accordance with good engineering practices and shall conform, when applicable, with theNational Electric Safety Code and all other applicable federal, state and local laws and regulations. Tenant shall promptlyreplace any plantings which die during the first year of this Lease. At reasonable times and following reasonable advance noticeto tenant, Tenant shall permit examination of the Premises, including, without limitation, the Antenna Facilities, by any dulyauthorized representative of Landlord; provided however, that Landlord’s representative shall ascend the tower or enter anyequipment of Tenant. Landlord hereby agrees that it shall not injure the Antenna Facilities or interfere with or disrupt theoperation thereof in conducting any such examination.(c)
During construction of the Antenna Facilities, Tenant shall have, and Landlord hereby grants to Tenant, a temporary constructioneasement to use all or portions of the Property identified on Exhibit A as may be reasonably necessary for the storage of materials and staging of construction; provided, however, that (i) Tenant shall not unreasonably interfere with Landlord’scustomary operations on the Property during Tenant’s utilization of such temporary easement and (ii) Landlord shall have theright upon prior written notice to Tenant to re-locate such temporary easement to another location on the Property reasonablyconvenient to the Premises. Tenant further agrees that any equipment or materials located on or about the Property forconstruction of the Antenna Facilities shall be secured and stored in a safe manner and that Tenant shall promptly replace orrepair any damage to the Property or improvements thereon caused as a result of Tenant’s construction activities. Tenant andLandlord shall mutually agree upon the dates and hours during which Tenant may use a crane on the Premises or the Property.Notwithstanding the foregoing, Tenant agrees that it will not move, transport or suspend all or any portion of the AntennaFacilities by crane while school or any extra-curricular activities are being conducted on the Property.(d)
Tenant’s use and occupancy of the Premises and all work by Tenant shall be performed in compliance with applicable laws andordinances. Tenant is not authorized to contract for or on behalf of Landlord for work on, or the furnishing of materials to the