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<br />interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and,
<br />therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court
<br />action to enjoin such interference or to terminate this Lease immediately upon written notice.
<br />
<br />7. Imorovements: Utilities: Access.
<br />
<br />(a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property
<br />and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving
<br />antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a location
<br />based system, including, without limitation, antenna(s), coaxial cable, base units, location based systems and other associated
<br />equipment (collectively, the "Antenna Facilities"). Tenant shall have the right to alter, replace, expand, enhance and upgrade the
<br />Antenna Facilities at any time during the term of this Lease. Tenant shall cause all construction to occur lien~free and in
<br />compliance with all applicable laws and ordinances, and shall discharge or bond any mechanic's lien filed or recorded. Landlord
<br />acknowledges that it shall not interfere with any aspects of construction, including, without limitation, attempting to direct
<br />construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as defined
<br />below) ("Construction Interference"). Landlord further acknowledges that it will be responsible for any costs and damages
<br />(including, fines and penalties) that are directly attributable to Landlord's Construction Interference. The Antenna Facilities shall
<br />remain the exclusive property of Ten ant and shall not be considered fixtures. Tenant shall have the right to remove the Antenna
<br />Facilities at any time during and upon the expiration or termination of this Lease.
<br />
<br />(b) Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities,
<br />including, without limitation, the construction of a fence.
<br />
<br />(c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property
<br />in commercially reasonable condition and repair during the term of this Lease, nonnal wear and tear and casualty excepted.
<br />Upon tennination or expiration of this Lease, the Premises shall be returned to Landlord in good, usable condition, nonnal wear
<br />and tear and casualty excepted.
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<br />(d) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the
<br />Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable
<br />efforts in assisting Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for
<br />utilities used on the Property by Tenant. In the event separate meters are not installed, Tenant shall pay the periodic charges for
<br />all utilities attributable to Tenant's use. Landlord shall diligently correct any variation, interruption or failure of utility service.
<br />
<br />(e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant an Easements in, under and
<br />across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the
<br />Premises adequate to install and maintain utilities, which include, but are not limited to, the installation of power and telephone
<br />service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Tenn of this Lease and Wly
<br />Renewal Tenn (collectively, the "Easements"). The Easements provided hereunder shall have the same term as this Lease.
<br />
<br />(I) Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises ("Access") at all times during the Initial
<br />Tenn of this Lease and any Renewal Tenn at no additional charge to the TenWlt. In the event LWldlord, its employees or agents
<br />impede or deny Access to Tenant, its employees or agents. Tenant shall, without waiving any other rights that it may have at law
<br />or in equity, deduct from Rent amounts due under this Lease an amount equal to five hundred and no/l 00 Dollars ($500.00) per
<br />day for each day that Access is impeded or denied.
<br />
<br />8. Tennination. Except as otherwise provided herein, this Lease may be tenninated, without any penalty or further
<br />liability as follows:
<br />
<br />(a) upon thirty (30) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under
<br />this Lease within that thirty (30) day period;
<br />
<br />(b) immediately if Tenant notifies LWldlord of unacceptable results of any title report, environmental or soil tests prior
<br />to Tenant'~ installation of the Antenna Facilities on the Premises, or if Tenant is unable to obtain, maintain, or otherwise forfeits
<br />or cancels any license (including, without limitation, an FCC license), pennit or any Governmental Approval necessary to the
<br />installation and/or operation of the Antenna Facilities or Tenant's business;
<br />
<br />(c) upon thirty (30) days' written notice by Tenant if the Property or the Antenna Facilities are, or become unacceptable
<br />under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna
<br />Facilities belong;
<br />
<br />(d) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as
<br />in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna FaciJities. In such event,
<br />
<br />Site Nwnber:
<br />Site Name:
<br />Market:
<br />
<br />BA12765
<br />W.k. Tank Hill
<br />BlIy Area
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<br />CA Version 7.6.05
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