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'. t 6. Use of the Premises. C-CALL shall use the Premises as one of C-CALL's radio communications sites (a "Communications Site") comprising C-CALL's system (the ·System") for providing radio and wireless telecommunications services to the public, including Enhanced Specialized Mobile Radio, Specialized Mobil~ Radio, short messaging, wireless data and any other radio service which C-CALL is legat1y authorized to provide to the public during the term of this Lease. A Communications Site, for purposes of this Lease, is a site at which radio, telephone and communications equipment Is installed and used to send and receive radio signals to and from wireless telephones and other radio devices and to connect those signals to radio, telephone or other communications facilities either directly, by means of cables, or indirectly, by means of transmitting and receiving facilities (including microwave antennas) located at the Communications Site. C-CALL shall not use the Premises for any other purposes without the written consent of Lessor. 7. Easøl1)~nt. Lessor hereby grants to C-CALL for the duration of this Lease, or any extensions thereof, an unimpaired, non-exclusive easeme,nt and right of way in and over the access roads shown in Exhibit B (if any)("Access Road"), the overhead or underground cable and utility runs shown in Exhibit B (If any) (¥Service Easement"), the common areas at the Property and aU areas necessary to provide physical access by personnel and equipment from the nearest public right of way, and utilities from the nearest service, to or from the Premises (the "Access Areas"). The rights granted to C·CALL herein are for the purpose of installing, constructing, maintaining, restoring, replacing, and operating C>-CALL's equipment located within or on the Premises or such Access Areas, Including, In the case of an emergency, the right to temporarily Install a fuel powered electrical generator. Such rights shall include the right of Ingress and egress, twenty-four (24) hours per day, seven (7) days per week over such Access Areas for access to or from any of C-CALL's equipment. . 8. Protections Against Interfer~nce. C-CALL's installation, operation, and maIntenance of its communication facilities shall not damage or interfere in any way with Lessor's water tower operations or related repair and maintenance activities, As provided in Section 3(c), it is agreed by the parties that Lessor may lease space on C-CALL's tower and ground space next to C-CALL's building to other users, provided that, Lessor will not grant a future lease to any party for use of the Property or facilities for communications equipment, if such use would interfere with C-CALL's operation of the System. Any future lease of the Property which permits the installation of communication equipment shall be conditioned upon not interfering with C-CALL's operation of the Communications Site. If other parties request permission to place any type of additional antennas or transmission facilities on the Tower or the Property Lessor shall submit the proposal complete with all technical specifications reasonably requested by C-CALL to C-CALL for review for noninterference. C-CALL shall have thirty (30) days following receipt of said proposal to make any objections thereto, and failure to make any objection within said thirty (30) day period shan be deemed consent by C-CALL to the instaUatlon of antennas or transmission facilities pursuant to said proposal. If C-CALL gives notice of objection due to interference during such thirty (30) day period then Lessor shall not proceed with such proposa1. Future users shall install, maintain and oper~te their equipment in compliance with all F.C.C. rules and regulation and In accordance with good engine~ring practices and take all reasonable steps to avoid measurable radio frequency interference with C-CALL's F.C.C. licensed radio transmission and reception. Future users shall take aU reasonable measures necessary to correct any such interference within forty-eight (48) hours of written notification from Lessor or C-CALL, evidencing future users are the cause of such measurable interference. Future users shall immediately cease the interfering operations if such interference cannot be adequately mitigated withIn said forty-eight (48) hour period and shan not transmit from the interfering antennas or on the Interfering frequencies, except for intermittent testing, until such interference has been eliminated, Any dispute between Lessor and C·CALL regarding the proposed additional instaUation(s) and its potential for interference with C-CALL's transmission operations shall be resolved by submitting the issue for decision to an independent third party mutually agreed upon by lessor and C-CALL, whose decision regarding interference shall be binding on both parties hereto, and whose expenses shall be borne equally by both parties. Without limiting any other remedy In law or equity, C-CALL shall have the right to terminate this Lease upon thirty (30) days' written notice in the event its reception or transmission is interfered with by other antenna equipment, or obstacles are constructed or operated In C-CALL's reception or transmission paths. 9. Damage and Destruction. If the Premises are, in whole or in part, damaged or destroyed then: (1) if wholly damaged or destroyed so that all of the Premíses are rendered permanently unusable for reconstruction of a Communications Site, this Lease shan then terminate and C-CALL shall be liable for the rent only up to the time of such destruction and any rent prepaid by C- CALL shall be returned to C-CALL; but (2) if only partially destroyed and still usable for construction of a Communications Site, C-CALL shall, within a reasonable time, repair the Premises with a reasonable reduction of rent from the time of such partial destruction until the Premises are again as fully usable by C-CALL as they were before such partial damage or destruction; provided, however, that C-CALL shall not be required to rebuild the Communications Site If: (i) such partial damage or destruction shall occur within three (3) months prior to the termination of this Lease; (it) C-CALL continues to pay the rental amounts due hereunder and the Premises are maintained in a safe and sanitary condition; or (iJi) such damage and destruction is directly caused by the negligence or misconduct of Lessor. A decision as to whether partially destroyed or partiaUy condemned (for purposes of Section 10) Premises are sUII usable for reconstruction of a Communications Site, shall be made jointly by Lessor and C-CALL, and, if they cannot agree, by an arbitrator reasonably acceptable to both parties. 10. Condemnation. If all or part of the Premises is taken by condemnation such that the Premises are no longer usable for reconstruction of a Communications Site, this Lease shall terminate unless C-CALL's equipment and improvements can be relocated to another position at the Property acceptable to C-CALL and Lessor. C-CALL shall be entitled only to that portion 01 the proceeds of condemnation which is directly attributable to the value of C-CAlL's equipment and improvements. 11. Need to Prevent Ul'1supervlsed Access. C-CALL's communications equipment is highly sensitive and any entry onto the Premises which could damage or intartere with it must be controlled. Accordingly, although Lessor may have a key to the Premises, Lessor shall not enter the Premises (other than in an emergency) unless it has given C-CALL twenty-four (24) hours' actual notice. 12. Termination by CwCALI... C-CAlL may terminate this lease for cause upon the giving of thirty (30) days' written notice to Lessor if any of the following events oCCUr: (a) C-CALL fails to obtain or loses any necessary permits, approvals or orders and CenGa!! Minnesota Ground Lease Form © April 15. 1994 Mackenzie & Albritton 2