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<br />10. Utilities. Owner represents that utilities adequate for Lessee's use of the Property <br />are available. Lessee win cause its utilities to be separately metered. Lessee will pay for all <br />utilities used by it at the Property. Owner will cooperate with Lessee in Lessee's efforts to <br />obtain utilities and separate metering of same from any location provided by Owner or the <br />servicing utility. <br /> <br />11. Personal Property and Real Estate Taxes. If any such improvements constructed <br />on the Property should cause part of the Property to be taxed for real estate purposes, it shall be <br />the liability of said Lessee to pay such property taxes that are attributable to the Lessee's <br />equipment on the property, within thirty QQl days of receiving the tax bill. <br /> <br />12. Compliance with Statutes, Regulations, and Approvals. Lessee's use of the <br />Property herein is contingent upon its obtaining all certificates, permits, zoning, and other <br />approvals that may be required by any federal, state or local authority (Engineering study, radio <br />frequency interference study, etc.). Lessee's Antenna Facilities and any other facilities shall be <br />erected, maintained and operated in accordance with site standards, state statutes, rules and <br />regulations now in effect or that thereafter may be issued by the FCC and related governing <br />bodies. <br /> <br />13. Interference. <br /> <br />(a) . Lessee's installation, operation, and maintenance of its transmISSIOn <br />facilities shall not interfere in any way with Owner's Fire Department or other City operations. <br />Any such interference shall allow Owner to terminate this Lease as provided in Paragraph 13. <br /> <br />(b) Ovmer in no \oval' guarantees to Lessee non interference with Lessee's <br />transmission operations. Lessee shall not use the Site in any way that interferes with the existing <br />use by (i) Owner or (ii) Lessees or licensees of OVvl1er holding rights to the Ov,mer's Property on <br />the BITective Date ("Existing Lessees"). <br /> <br />(c) Owner warrants to Lessee the use and quiet enjoyment of the Site. Owner <br />agrees that it shall not use, nor shall it pennit its Lessees, employees, in vi tees or agents to use, <br />any portion of the Site or Owner's Property in any way which would interfere with Lessee's <br />telecommunications operations, provided that continued nse by Owner or Existing Lessees in the <br />same manner as existed as of the Effective Date shall not constitute interference with Lessee's <br />telecommunications operations. Notwithstanding the foregoing, Lessee warrants to Owner that it <br />will not interfere with anv of Owner's existing or future transmission needs. <br /> <br />(d) In the event Owner elects to permit a third partv to use any of O"vner's <br />Property for the purpose of installing Communications Facilities, Owner shall, thirty (30) days <br />prior to the issuance of such authority, deliver to Lessee engineering studies or other appropriate <br />evidence received by Owner from such third pm1y that such use ,viII not interfere with Lessee's <br />operations at the Site. Should Lessee determine, based on such materials or on its own studies, <br />that the third party will interfere with Lessee's operations, and so notify Owner in writing, then <br />Owner shan not pennit the third party to use the O\\'ner's Prope11y. <br /> <br />83831 <br /> <br />5 <br />