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public. This use shall be non-exclusive, and Landlord specifically reserves the right to <br />allow the Landlord’s Property and the Tower to be used by other parties and to make <br />additions, deletions, or modifications to its own facilities on the Property and Tower. <br />Tenant shall comply with all applicable ordinances, statutes and regulations of local, <br />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. Landlord hereby approves the initial array containing 12 antennas.Tenant <br />shall bear a prorated share of the cost of any additions to the Tower necessary to <br />enable the Tower to accommodate the location of antennas and appurtenances to the <br />Tower. Tenant may erect and operate a communications antenna facility in <br />accordance with Exhibit C. Any damage done to the premises during installation <br />shall be repaired at Tenant ’s expense within 30 days after written notification of the <br />damage. <br />(d) Process for Additional Antennas . If Tenant seeks to increase the number of <br />antennas beyond 12, it must first pay for an evaluation carried out by a qualified <br />professional, retained by Landlord demonstrating that (i) each additional antenna will <br />not interfere with existing antennas or with proposed antennas with a higher priority <br />and that (ii) the Tower can structurally support the additional antennas. The cost of <br />each evaluation must be paid by the Tenant within 30 days after receiving written <br />notice of the cost. Landlord consent is required for installation of additional antennas; <br />such consent will not be unreasonably withheld, conditioned or delayed, taking into <br />consideration safety, adequate space on the Tower to accommodate additional <br />antennas, and the structural capacity and integrity of the Tower. If Landlord consents, <br />the parties will negotiate the amount of additional rental for the antennas. <br />(e) Landlord agrees to give reasonable advance notice of any major repair or <br />maintenance activities related to Tower operations. In the case of an emergency, <br />notification is not required; however. Tenant will be notified as soon as possible of a <br />recognized emergency. In the event that use of the Tower for water service, or use of <br />the Tower to perform any necessary maintenance or repair, is interrupted or made <br />impractical because of Tenant ’s antenna usage on the Tower, the City may interrupt <br />Tenant ’s use of the Premises as reasonably necessary to prevent interruption of water <br />service or interruption of maintenance and repair of the Tower. The City will use its <br />best efforts to prevent or minimize interruptions to Tenant ’s use. <br />082/22147604 11/7/97