7C TTM Red Fox Lease - Laserfiche WebLink

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(a)User Priority. Lessee agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Lessee's use shall be subordinate accordingly: 1. Landlord’s pre-existing use of the Landlord Property as of the Effective Date; 2. Lessee and other government regulated entities whose antennae provide safety and rescue services. As to these parties, priorities shall be based on a first in time basis, i.e. parties coming to the Landlord Property first, have first in time protections from users of the Landlord Property at a later date, and parties coming to the Landlord Property last must not interfere with existing users of the Landlord Property. (b).Purposes. Lessee shall use the Leased Premises only for the purpose of installing, maintaining, repairing, removing and operating the Communications Equipment Site and uses incidental thereto but not including wireless transmitting and/or receiving antennas. Landlord may make additions, deletions, or modifications to its own facilities on the Leased Premises. Lessee shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c).Construction. Lessee may erect and operate its equipment in accordance with Exhibits 1, 2, and 3. Modifications to any equipment in the Leased Premises shall requirement Landlord consent. If Landlord consents, the parties may negotiate the amount of additional rental for the antennas. (d).Operation. Lessee shall have the right, at its sole cost and expense, to operate and maintain the Communication Equipment in the Leased Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. Any damage done to the Leased Premises or other Landlord Property, including the Water Tower, during Lessee’s installation or caused by Lessee’s operations, shall be repaired at Lessee's expense within thirty (30) days after notification of damage. The Communications Equipment shall remain the exclusive property of the Lessee, unless otherwise provided in this Lease. (e).Maintenance, Improvement Expenses. All maintenance and improvements to the Leased Premises performed for Lessee's benefit shall be at the Lessee's expense and such improvements, including the Communications Equipment, shall be maintained in a good state of repair, and secured by Lessee. (f).Replacements and Upgrades. Before Lessee replaces or upgrades the Communications Equipment, Lessee shall submit to Landlord a detailed proposal and any other information reasonably requested by Landlord of such requested update or replacement, including but not limited to a technical study, carried out at Lessee's expense. Landlord may not unreasonably withhold approval. 1