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MIN NAVARRE <br />right to allow the Landlord's Property and the Tower to be used by other parties <br />and to make additions, deletions, or modifications to its own facilities on the <br />Property and the Tower. Tenant shall comply with all applicable ordinances, <br />statutes and regulations of local, state and federal government agencies. <br />Tenant, its agents and contractors, are hereby granted the right, at its sole cost and <br />expense, to enter upon the Property and conduct such studies as Tenant deems <br />necessary to determine the Property's suitability for Tenant's intended use. These <br />studies may include surveys, soil tests, environmental evaluations, radio wave <br />propagation measures, field strength tests and such other analyses and studies as <br />Tenant deems necessary or desirable. <br />c) Construction. The placement of the equipment shelter and the manner in which <br />the antennas are attached to the Tower shall be subject to the prior approval of the <br />Landlord, which shall not be unreasonably withheld. Tenant shall bear a prorated <br />share of the cost of any additions to the Tower necessary to enable the Tower to <br />accommodate the location of antennas and appurtenances to the Tower. Tenant <br />may erect and operate a communications antenna facility in accordance with <br />Exhibit C. Any damage done to the premises during installation shall be repaired <br />at Tenant's expense within 30 days after written notification of the damage. <br />d) Process for Additional Antennas. If Tenant seeks to increase the number of <br />antennas beyond 6, it must first pay for an evaluation carried out by a qualified <br />professional, retained by Landlord demonstrating that (i) each additional antenna <br />will not interfere with existing antennas or with proposed antennas with a higher <br />priority and that (ii) the Tower can structurally support the additional antennas. <br />The cost of each evaluation must be paid by the Tenant within 30 days after <br />receiving written notice of the cost. Landlord consent is required for installation <br />of additional antennas; such consent will not be unreasonably withheld, <br />conditioned or delayed, taking into consideration safety, adequate space on the <br />Tower to accommodate additional antennas, and the structural capacity and <br />integrity of the Tower. If Landlord consents, the parties will negotiate the amount <br />of additional rental for the antennas. <br />e) Notice of Repair by Landlord. Landlord agrees to give reasonable advance <br />notice of any major repair or maintenance activities related to Tower operations. <br />In the case of an emergency, notification is not required; however, Tenant will be <br />notified as soon as possible of a recognized emergency. In the event that use of <br />the Tower for water service, or use of the Tower to perform any necessary <br />maintenance or repair, is interrupted or made impractical because of Tenant's <br />antenna usage on the Tower, the City may interrupt Tenant's use of the Premises <br />as reasonably necessary to prevent interruption of water service or interruption of <br />maintenance and repair of the Tower. The City will use its best efforts to prevent <br />or minimize interruptions to Tenant's use. <br />0 Operation. Tenant shall have the right, at its sole cost and expense, to operate <br />and maintain the Tenant's Facilities on the Leased Premises. Tenant agrees to <br />385866/3 4