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Market:Northern California
<br /> Cell Site Number:CNU0413
<br /> Search Ring Name:Livermore
<br /> Cell Site Name:Livermore(CA)
<br /> Fixed Asset Number:10087959
<br /> 17. Non-Interference by Subsequent Lessees. Any future lease of space on the Tower or
<br /> the Property which permits the installation of communications equipment shall be conditioned
<br /> upon non-interference with Lessee's Antenna and Equipment, except for those installations by
<br /> City or other public agency. The City agrees to coordinate efficient collocation of any new
<br /> equipment and antennas and to promptly resolve any interference issues that may arise due to
<br /> the presence of multiple lessees. In recognition of Lessee's critical need for a reliable
<br /> communication system telecommunication services, the City agrees to take all reasonable steps
<br /> to ensure that existing and future lessees will not cause interference with Lessee's Antenna or
<br /> Equipment. Further, the City agrees to consider all available actions, including legal
<br /> proceedings, which may be necessary against subsequent lessees for interference related to
<br /> the operation of the Equipment and/or Antenna. If interference to Lessee's Equipment cannot
<br /> be resolved, Lessee will have the option to relocate to a new location on the Tower, if available
<br /> and not currently occupied or needed by Cities and to recover from the interfering party any
<br /> costs associated with such relocation or, to terminate this Lease Agreement.
<br /> 18. Repair. If the Wireless Provider damages asphalt, pavement, sidewalks, driveways,
<br /> landscaping, irrigation, utility facilities, structures, or other improvements on the Property or the
<br /> Leased Areas, the Wireless Provider shall replace, repair, or restore such improvements to as
<br /> close to their original condition as is reasonably possible, reasonable wear and tear, and
<br /> damage from the elements excepted. The restoration work must comply will all applicable
<br /> ordinances and regulations. In the event the Wireless Provider's damage necessitates an
<br /> immediate repair by the City, or any agency operating or maintaining the Property for the City, to
<br /> either protect the Property or the public's health, safety, or welfare, the City will give the
<br /> Wireless Provider written notice of the damage and Wireless Provider shall repair the damage
<br /> within 24 hours after receiving the written notice. If the Wireless Provider cannot repair said
<br /> damage, City shall give the Wireless Provider the circumstances requiring immediate repair,
<br /> and the work be completed for the repair, and the Wireless Provider shall then reimburse the
<br /> City, or the agency operating or maintaining the Property for the City, for the reasonable repair
<br /> costs within thirty (30) days following receipt of a written invoice by Wireless Provider from City,
<br /> accompanied by reasonable substantiation of any such costs. The Wireless Provider shall
<br /> maintain all such restoration for a period of one (1) year following the date the City
<br /> acknowledges satisfactory completion of the work.
<br /> 19. Condemnation. If all or part of the Leased Areas are taken by condemnation such that
<br /> the Leased Areas are no longer usable for the purposes stated in this Lease Agreement, this
<br /> Lease shall terminate unless Lessee's Equipment and Antenna can be relocated to another
<br /> position at the Tower acceptable to Lessee if such space is available and does not interfere with
<br /> the use of the Tower by Cities or other lessees on the Tower or Property prior to Lessee.
<br /> Lessee shall be entitled only to that portion of the proceeds of condemnation which is directly
<br /> attributable to the value of Lessee's interest in this Lease Agreement
<br /> 20. Assignment
<br /> (a) Prohibition Against Assignment and Encumbrance. Except for a Permitted
<br /> Transfer (as defined below), this Lease Agreement and any rights or obligations of Lessee
<br /> hereunder shall not be sold, assigned, transferred, leased, assigned, sublet, conveyed,
<br /> hypothecated, nor shall there be any grant of licenses, franchises or concessions, nor shall title
<br /> thereto, either legal or equitable, or any right or interest therein, pass to or vest in any person,
<br /> Lease for Installation of Telecommunications Equipment-Final Page 11
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