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the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, <br /> under, or along a right-of-way extending from the nearest public right-of-way, Stuber <br /> Road, to the Land Space; and together with any further rights of way over and through <br /> the Property between the Land Space and the Tower Space for the installation and <br /> maintenance of utility wires, poles, cables, conduits, and pipes. In the event any public <br /> utility is unable to use the aforementioned rights-of-way, the LESSOR has agreed to <br /> grant an additional right-of-way either to the LESSEE or to the public utility at no cost to <br /> the LESSEE. <br /> 3. The Agreement shall commence based upon the date LESSEE commences installation of <br /> the equipment on the Premises. In the event the date LESSEE commences installation of <br /> the equipment on the Premises falls between the 1st and 15th of the month,the Agreement <br /> shall commence on the 1St of that month and if the date installation commences falls <br /> between the 16th and 31St of the month, then the Agreement shall commence on the et <br /> day of the following month (either the"Commencement Date"). <br /> 4. LESSEE has a limited right of first refusal to purchase the Property during the initial term <br /> and all renewal terms of the Agreement. <br /> 5. The terms, covenants and provisions of the Agreement, the terms of which are hereby <br /> incorporated by reference into this Memorandum, shall extend to and be binding upon the <br /> heirs,personal representative, successors and assigns of LESSOR and LESSEE. <br /> Signatures on following page <br /> The remainder of this page intentionally left blank <br /> MINC Rosey <br /> Memorandum of Tower Lease Agreement 2 <br /> 2201286v2 <br />