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6. TAXES. LESSEE shall have the responsibility to pay any personal property, real <br /> estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the <br /> result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the <br /> LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that <br /> LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the <br /> Property is located), including any increase in real estate taxes at the Property which LESSOR <br /> demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises. <br /> LESSEE shall be solely responsible for the payment of any taxes, levies, assessments and other <br /> charges imposed including franchise and similar taxes imposed upon the business conducted by <br /> LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the obligation <br /> to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate <br /> proceedings prior to a final determination that such tax is properly assessed provided that no lien <br /> attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable <br /> for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except <br /> as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property, <br /> real estate taxes, assessments, or charges owed on the Property and shall do so prior to the <br /> imposition of any lien on the Property. <br /> LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, <br /> challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or <br /> partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's <br /> expense in fling, prosecuting and perfecting any appeal or challenge to taxes as set forth in the <br /> preceding sentence, including but not limited to, executing any consent, appeal or other similar <br /> document. In the event that as a result of any appeal or challenge by LESSEE, there is a <br /> reduction, credit or repayment received by the LESSOR for any taxes previously paid by <br /> LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit <br /> or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith <br /> and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at <br /> LESSEE's sole cost and expense upon written request of LESSEE. <br /> 7. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the <br /> purpose of constructing, maintaining, repairing and operating a communications facility and uses <br /> incidental thereto. A security fence consisting of chain link construction or similar but comparable <br /> construction may be placed around the perimeter of the Premises at the discretion of LESSEE (not <br /> including the access easement). All improvements, equipment, antennas and conduits shall be at <br /> LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE <br /> shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas <br /> and/or conduits or any portion thereof and the frequencies over which the equipment operates, <br /> whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit <br /> attached hereto, during the Term. It is understood and agreed that LESSEE'S ability to use the <br /> Premises is contingent upon its obtaining after the execution date of this Agreement all of the <br /> certificates, permits and other approvals (collectively the "Governmental Approvals that may be <br /> required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will <br /> permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in <br /> its effort to obtain such approvals, provided, however, that nothing in this Section or any other <br /> Meadowlark Park <br /> 1006543 <br /> 5 <br />