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