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Poysippi
<br /> repair,modification,replacement,or other action taken for the purpose of correcting such interference)and if such interference is
<br /> not corrected within 30 days after receipt of the written notice, Owner shall at the request of Operator require the party causing
<br /> the interference to remove its equipment from the Tower and the Premises, or Operator may, at Operator's sole discretion and
<br /> option,terminate this Agreement upon notice to Owner.
<br /> 9. Utilities and Access.
<br /> (a) Owner represents that utilities adequate for Operator's intended use of the Premises are presently available. Further,
<br /> from time to time,Operator shall have the right to install utilities,to be separately metered at Operator's expense,and to improve
<br /> present utilities on the Premises,including but not limited to the installation of emergency power generators. Operator shall have
<br /> the right to place utilities on,or to bring utilities across or under,the Premises and the Easement in order to service the Equipment
<br /> throughout the Initial Term or any Renewal Term of this Agreement. Owner shall, upon Operator's request,execute a separate
<br /> written easement, acceptable to Owner, in a form which may be filed of record evidencing this right. Operator shall be
<br /> responsible for all utility connection charges,and all utility use charges,for electricity or any other utility used by Operator.
<br /> (b) Operator shall have access to the Premises and the Equipment at all times, 24 hours each day, through the access
<br /> drive presently existing on the Easement. Owner shall maintain the access drive in good condition throughout the Initial Term of
<br /> this Agreement or any Renewal Term. Operator may, at its option and own expense,construct a suitable private access drive to
<br /> the Premises and the Equipment within the Easement.To the degree additional access is required across other property owned by
<br /> Owner,Owner shall execute an easement evidencing this right and agrees to maintain said access so that no interference is caused
<br /> to Operator by other tenants,licensees,invitees or agents of the Owner.
<br /> 10. Termination. Except as otherwise provided, this Agreement may only be terminated,without any penalty or further
<br /> liability,upon written notice as follows:
<br /> (a) By either party upon a default of any covenant or term of this Agreement by the other party which default is not
<br /> cured within 30 days of receipt of written notice of default(without, however, limiting any other rights available to the parties
<br /> pursuant to any other provisions of this Agreement); or
<br /> (b) By Operator if it is unable to obtain or maintain any license, permit or other Permits necessary to the construction
<br /> and operation of the Equipment or Operator's business or intended use of the Premises.
<br /> 11. Tower Analysis. Operator shall be solely responsible to ensure that Operator's installation of the Equipment shall
<br /> not significantly affect the structural integrity of the Tower,and that no such damage results to the Tower due to installation of the
<br /> Equipment. Owner agrees to furnish Operator, promptly upon Operator's request, with true and accurate copies of all tower
<br /> analyses, if any, performed on the Tower by Owner within the two years preceding the request and Operator's attachment of
<br /> antennas or Equipment on the Tower. In the absence of such an analysis or if the most recent analyses are insufficient for
<br /> Operator's needs,Operator may request a new analysis. If Owner reasonably believes that the structural integrity of the Tower
<br /> will be effected,Owner may request Operator obtain a new analysis. Owner agrees to cooperate with Operator in acquiring the
<br /> new analysis of the Tower. If a new analysis of the Tower is requested by Operator or Owner,Operator shall be responsible for
<br /> coordinating that new analysis by a licensed structural engineer or other party acceptable to Owner,and Operator shall furnish a
<br /> copy of the analysis to Owner. The costs of the new analysis shall be paid solely by Operator. If Operator requests,Owner shall
<br /> submit, within 10 days of Operator's request, bids for any needed reinforcement or other work to make the Tower structurally
<br /> sound. Should Operator not terminate this Agreement under Section 6 Tower Maintenance above, Owner shall reinforce or
<br /> otherwise make the Tower structurally sound for Operator's use in accordance with such a submitted bid,at Owner's sole costs.
<br /> 12. Taxes. Operator shall be liable for and shall pay(i)all taxes assessed on,or any portion of such taxes attributable
<br /> to,personal property and trade fixtures owned or placed by Operator on the Premises or on the Tower, and(ii) its proportionate
<br /> share, adjusted for partial tax years, of all real estate taxes, assessments and governmental charges of any kind and nature
<br /> whatsoever(hereinafter collectively referred to as the "Taxes"), levied or assessed against the Premises, this Agreement,or the
<br /> Tower,and (iii) all taxes,assessments and governmental charges of any kind and nature whatsoever other than real estate taxes,
<br /> levied or assessed against the Premises, this Agreement, or the Tower, including but not limited to any leasehold, sales, rent or
<br /> use taxes,or any taxes in the nature thereof, imposed by any governmental authority, relative to the Premises, the Tower,or the
<br /> rent or any other charges due or payable under any provisions of this Agreement, or as a result of any or all of them, whether
<br /> imposed on Owner or Operator, including any ad valorem tax which may currently exist or subsequently be implemented, but
<br /> excluding Owner's income, estate or inheritance taxes. If any such taxes are levied against Owner or Owner's property and if
<br /> Owner elects to pay the same or if the assessed value of Owner's property is increased by inclusion of personal property and trade
<br /> fixtures placed by Operator on the Premises or on the Tower and Owner elects to pay the taxes based on such increase,Operator
<br /> shall pay to Owner upon demand that part of such taxes for which Operator is primarily liable hereunder. Operator's
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