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Poysippi
<br /> 6. Tower Maintenance. Owner represents and warrants that its operation of the Tower, exclusive of Operator's
<br /> Equipment, including the lighting system, meets and will be maintained in accordance with all applicable laws, rules and
<br /> regulations,including,without limitation,rules and regulations of the Federal Communications Commission,Federal Aviation
<br /> Administration and all applicable local codes and regulations. Owner shall maintain its lighting systems, tower antenna,
<br /> transmission lines,equipment and building in good operating condition. The costs of maintaining the Tower shall be borne by
<br /> Owner with the exception of Operator's antennae and Equipment and except for damage to the Tower caused by Operator or
<br /> Operator's agents, employees, contractors or subcontractors, which shall be borne by Operator. Operator shall repair at
<br /> Operator's cost any such damage, within 48 hours, and to the extent that such damage cannot be repaired within 48 hours,
<br /> Operator shall make all efforts to begin such repair and finish such repair in a timely manner. Should owner fail to timely make
<br /> repairs required by this Agreement,Operator may,at Operator's option,make such repairs and Owner shall promptly reimburse
<br /> Operator for its reasonable costs and expenses incurred in such repair.
<br /> In the event Owner fails to maintain the tower lighting systems, Tower, transmission lines, equipment and building as
<br /> provided herein, Operator shall have the right to withhold Rent payments to Owner if Owner fails to make said repairs or to
<br /> provide maintenance after Operator has given Owner five(5)days notice of the need to provide maintenance and repairs,or,shall
<br /> at Operator's option and upon notice to Owner, terminate this Agreement. Operator shall have the right to apply such Rent
<br /> withheld hereunder to make the necessary repairs and provide the necessary maintenance and Operator shall not thereafter be
<br /> responsible to Owner for the Rent withheld for such maintenance and repairs. Operator's activities and operations and the
<br /> Equipment shall not interfere with Owner's maintenance and repair of the Tower and its lighting system.
<br /> 7. Conditions Precedent. Operator's obligation to perform under this Agreement shall be subject to and conditioned
<br /> upon:
<br /> (a) Operator's securing appropriate approvals for Operator's intended use of its Equipment on the Premises from the
<br /> Federal Communications Commission,the Federal Aviation Administrator,and any other federal,state or local regulatory agency
<br /> having jurisdiction over Operator's proposed use of the Equipment;
<br /> (b) Operator's obtaining,at its option and expense,a title report or commitment for a leasehold title policy from a title
<br /> insurance company of Operator's choice which must show no defects or restrictions of title or any liens or encumbrances which
<br /> may adversely affect Operator's use of the Premises or Operator's ability to obtain financing,provided Operator shall order such
<br /> a policy within two business days of the execution of this Agreement;
<br /> (c) Operator's obtaining,at its option and expense,a survey,soil borings and analysis tests which must show no defects
<br /> which, in the opinion of the Operator,may adversely affect Operator's use of the Premises, provided Operator shall order such
<br /> tests within two business days of execution of this Agreement;
<br /> (d) Operator's approval of the condition of the Premises,which may be subject to,at Operator's option and expense, an
<br /> environmental audit of the Premises performed by an environmental consulting firm of Operator's choice;
<br /> (e) Operator's determination that the Tower is structurally appropriate for Operator's needs.
<br /> In the event of a failure of any of the above referenced conditions precedent within 60 days of execution of this
<br /> Agreement, Operator may terminate this Agreement through written notice to Owner. If Operator fails to provide such notice
<br /> within 60 days of execution of this Agreement,each of the above conditions precedent shall be deemed satisfied.
<br /> 8. Interference. Operator agrees to install Equipment only of types and generating frequencies which will not cause
<br /> interference to transmissions or signals from Owner and other users of the Tower as may be already in place on the Tower. At
<br /> Owner's request, Operator shall provide a detailed interference analysis showing potential conflicts between Operator's
<br /> frequencies and those of the Owner or other users already in place on the Tower. In the event the Equipment causes such
<br /> interference, Operator will take all steps necessary to correct and eliminate the interference. If the interference cannot be
<br /> eliminated within 48 hours after receipt of written notice from Owner to Operator (Notice Date), Operator shall temporarily
<br /> disconnect the electric power and shut down the Equipment (except for intermittent operation for the purpose of testing, after
<br /> performing maintenance,repair,modification,replacement,or other action taken for the purpose of correcting such interference)
<br /> and if such interference is not corrected within 30 days after receipt of the written notice, Operator agrees to remove the
<br /> Equipment from the Tower and the Premises and this Agreement shall terminate as if by expiration. After the Equipment has
<br /> been installed, Owner shall place similar restrictions upon interference with Operator's frequencies on others using Tower with
<br /> Owner's permission, installed on the Tower after Operator's installation of the Equipment. In the event Third Parties'
<br /> interference cannot be eliminated or rectified to Operator's satisfaction within 48 hours after receipt of written notice from
<br /> Operator to Owner (Notice Date), Owner shall cause such Third Parties to temporarily disconnect the electric power and shut
<br /> down the Third Parties' Equipment (except for intermittent operation for the purpose of testing, after performing maintenance,
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