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SITE NAME: RoseviLLe — County Rd C& Lexington Ave N <br />SITE NUMBER: MN-MSP0252 <br />with promptness, subject solely to delays beyond Landlord's control and delays in the making of insurance <br />adjustments by Landlord. <br />6.7 Tenant shall ensure the completed Tower complies with all then-applicable marking <br />and lighting requirements priar to conveying the Tower to Landlord. Upon acceptance of the Tower, <br />Landlord shall be solely responsible for complying with any Tower marking and lighting requirements of <br />the FAA and FCC. Should Tenant be cited because the Tower is not in compliance, and should Landlord <br />fail to cure the conditions of noncompliance, Tenant may either terminate this Agreement or proceed to <br />cure the conditions of noncompliance at Landlord's expense, which amounts may be deducted from the <br />Rent. <br />Access and Utilities. <br />71 During the Lease Term and any renewal thereof, Landlord shall provide Tenant, Tenant's <br />employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, <br />seven (7) days a week, at no additional charge to Tenant. Landlord grants to Tenant, and Tenant's agents, <br />employees and contractors and subcontractors, a non-exclusive right and easement for pedestrian and vehicular <br />ingress and egress across the Property, at such locations reasonable acceptable to the Landlord. Such right and <br />easement may be described generally in Exhibit B. <br />72 Landlord shall maintain all access roadways from the nearest public roadway to the <br />Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather <br />conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except <br />for any damage caused by Tenant's use of such roadways. <br />7.3 Tenant shall pay for electricity it consumes in its operations at the rate charged by the <br />servicing utility company. Tenant shall have the right to draw electricity and other utilities from the existing utilities <br />on the Property with the prior consent from present user, provided the Tenant shall first use commercially <br />reasonable efforts to obtain separate utility service from any utility company that will provide service to the <br />Property. In connection therewith, Landlord herby grants to Tenant and the local telephone company, power and <br />utility companies (as appropriate) non-exclusive rights to locate, construct, install operate, maintain, repair, replace, <br />alter, extend, and/or remove cables and lines on, over, under and across a portion of the Landlord's Property as <br />necessary or desirable therefore. Landlord agrees to sign such documents or easements, at no cost to the Tenant or <br />the utility companies, as may be required by said utility companies to provide such service to the Premises. Any <br />easements or rights necessary for such power or other utilities will be at locations reasonably acceptable to the <br />Landlord and the servicing utility company. <br />8. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal <br />Communications Commission ("FCC") requirements including those prohibiting interference to communications <br />facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any <br />such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities, <br />Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to <br />the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to <br />cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to <br />eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a <br />material breach of this Agreement. <br />9. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities and <br />Landlord shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the <br />Premises ar this Agreement. <br />10. Termination. <br />101 This Agreement may be terminated without further liability on thirty (30) days prior <br />written notice by either party upon a default of any covenant or term hereof by the other party, which default is not <br />cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not be <br />terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party has <br />CLeazwire Execution Copy 1-06-2010 - 3- v. 5-22-06 <br />