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<br />is thereby unable to use the Premises as a Communications Site; (b) If C-CALL determines at any time that the Property is not
<br />appropriate for locating C-CALL's communication equipment for technological reasons, including, but not limited to, signal interference
<br />or (c) Lessor fails to comply with any term, condition or covenant of this Lease and does not cure such failure within thirty (30) days
<br />after written notice thereof or in the event of a cure which requires in excess of thirty (30) days to complete, if Lessor has not
<br />commenced such cure within thirty (30) days of such notice and is not diligently prosecuting said cure to completion. C-CALL shall
<br />have the right to cure any default by Lessor following such notice and cure period and to deduct the cost of such cure from rent due
<br />hereunder upon presentation of an accounting of such costs to Lessor.
<br />
<br />13. Termination by Lessor. Lessor may terminate this Lease upon the occurrence of any of the following: (a) failure by
<br />C-CALL to pay any rent required hereunder when due if such failure shall continue for more than ten (10) calendar days after delivery to
<br />C-CALL of notice of such failure to make timely payment; (b) failure by C-CALL to comply with any material term, condition or covenant
<br />of this Lease, other than the payment of rent, if such failure is not cured within thirty (30) days after written notice thereof to C-CALL, or
<br />in the event of a cure which requires in excess of thirty (30) days to complete, if C-CALL has not commenced such cure within thirty
<br />(30) days of such notice and is not diligently prosecuting said cure to completion; or (c) if C-CALL becomes insolvent, or makes a
<br />transfer in fraud of creditors, or makes an assignment for the benefit of creditors, or files a petition under any section or chapter of the
<br />Federal Bankruptcy Code, as amended, or under any similar law or statute of the United States or any state thereof, or is adjudged
<br />bankrupt or insolvent in proceedings filed against C-CALL thereunder, or if a receiver or trustee is appointed for all or substantially all of
<br />the assets of C-CALL due to C-CALL's insolvency.
<br />
<br />14. Exercise of Options to Extend. C-CALL shall have successive options to extend the term of this Lease for the
<br />successive extension periods set forth in Section 4 of this Lease, on the same terms, covenants and conditions (except as to the
<br />number of remaining option terms) as are contained in this Lease. C-CALL shall be deemed to have timely exercised each option
<br />without further notice to Lessor unless C-CALL shall provide written notice to Lessor not less than ten (10) days prior to the expiration of
<br />the then current term of C-CALL's intent to terminate the Lease at the end of that term.
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<br />15. Warranties and Covenants of Lessor. Lessor warrants and covenants that (a) Lessor has legal right to possession
<br />of the Premises and the power and the right to enter into this Lease and that C-CALL, upon the faithful performance of all of the terms,
<br />conditions and obligations of C-CALL contained in this Lease, shall peaceably and quietly hold and enjoy the Premises upon the terms.
<br />covenants and conditions set forth in this Lease throughout the term of this Lease and any extensions thereof; (b) Lessor shall deliver
<br />the Premises to C-CALL clean and free of debris on the Commencement Date and shall maintain the Property in a manner which will
<br />not interfere with C-CALL's use of the Premises as contemplated hereby; (c) Lessor shall make available to C-CALL at the Premises, all
<br />presently existing utility services required by C-CALL for purpoies of the operation of C-CALL's equipment at the Premises, provided
<br />that C-CALL may at its own expense (or Lessor may, if C-CALL so requests, at C-CALL's expense), install any and all additional utilities
<br />service facilities which are so required; (d) Lessor shall, during the term hereof, make payment of all real property taxes and general
<br />and special assessments levied against the Property and the Premises which it has the duty to pay within the time allowed by the taxing
<br />authorities in order to avoid penalty and C-CALL shall compensate Lessor for any real property taxes directly attributable to the value of
<br />improvements placed upon the Premises by C-CALL; and (e) C-CALL shall have access to the Premises from the nearest public way at
<br />all times and all security gates and access roads (if any) shall be operational.
<br />
<br />16. Warranties and Covenants of C-CALL. C-CALL warrants and covenants that throughout the term of this Lease, C-
<br />CALL shall maintain comprehensive liability insurance, naming Lessor as an additional insured, protecting and indemnifying Lessor and
<br />C-CALL against claims and liabilities for injury, damage to persons or property, or for the loss of life or of property occurring upon the
<br />Premises resulting from any act or omission of C-CALL, its employees, agents, contractors, and subcontractors. Such insurance shall
<br />afford minimum protection of not less than $1,000,000 for injury to or death of anyone person, $2,000,000 for injury or death of two or
<br />more persons, and $1,000,000 for property damage. C-CALL shall furnish Lessor with a certificate indicating the applicable coverage.
<br />upon request. C-CALL shall maintain the Premises in a clean, safe and sanitary condition throughout the Lease Term.
<br />
<br />17. Liability and Indemnification. C-CALL shall at all times comply with all laws and ordinances and all rules and
<br />regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, height, location, use,
<br />operation, and removal of improvements authorized herein, and shall defend, indemnify and hold the Lessor harmless, from any loss,
<br />cost or expense which may be sustained or incurred by Lessor as a result of the installation, operation or removal of such
<br />improvements. Except for the acts of Lessor and Lessor's agents or employees Lessor shall not be liable to C-CALL for any loss or
<br />damages arising out of personal injuries or property damage on the Premises.
<br />
<br />18. Title To and Removal Of C-CALL's Equipment. Title to C-CALL's equipment, and all improvements installed at and
<br />affixed to the Premises or Property by C-CALL shall be and shall remain the property of C-CALL. Lessor hereby waives any lien rights
<br />it may have or acquire with respect to such property and shall promptly execute any document, required by any supplier, lessor, or
<br />lender of such property which waives any rights Lessor rnay have or acquire with respect thereto. C-CALL may, at any time, including
<br />any time it vacates the Premises, remove C-CALL's improvements, equipment, fixtures, and all of C-CALL's personal property from the
<br />Premises, but C-CALL shall not be required to remove any foundations for the tower or equipment shelter nor any underground cable or
<br />conduit.
<br />
<br />19. Holding Over. If C-CALL holds over after this Lease has been terminated, the tenancy shall be month-to-month,
<br />subject to the provisions of this Lease.
<br />
<br />20. Surrender. Upon termination of this Lease, C-CALL shall remove the equipment and improvements installed at the
<br />Premises by C-CALL except as set forth in Section 18, and shall surrender the Premises in as good order and condition as when first
<br />occupied by C-CALL, ordinary wear and tear and damage by lire or other casualty excepted.
<br />
<br />3
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<br />CenCall Minnesota Ground Lease Form
<br />~ April f 5, f 994 Mackenzie & Albritton
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