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r % <br />legally authorized to provide to the public. This use shall be non-exclusive, and <br />Landlord specifically reserves the right to allow the Landlord ’s Property and the <br />Tow - '' be used by other parties and to make additions, deletions, or modifications to <br />its own facilities on the Property and the Tower. Tenant shall comply with all <br />applicable ordinances, statutes and regulations of local, state and federal government <br />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, enviionmental evaluations, radio wave <br />propagation measures, field strength tests and such other analyses and studies as <br />Tenant deems necessary or desirable. <br />(r) 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 share <br />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. Jeraxni may <br />erect and operate a communications antenna facility in accordance with Exhibit C. <br />Any damage done to the premises during installation shall be repaired at Tenant s <br />expense within 30 days after written notification of the damage. <br />(d) Pmrftss for Additional Antennas . If Tenant seeks to increase the number of <br />nntennas beyond m it must first pay for an evaluation cairicd oat 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 ot <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 />consideiation 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) Notice of Rppnir hv Landlord Landlord agrees to give reasonable advance <br />notice of any major repair or maintenance activities related to Tower operations. In <br />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 the <br />Tower for water service, or use of the Tower to perform any necessary maintenance or <br />repair is interrupted or made impractical because of Tenant ’s antenna usage on the <br />Tower, the City may interrupt Tenant ’s use of the Premises as reasonably necessary to <br />prevent interruption of water service or interruption of maintenance and repair of tne <br />032/22148474 11/14/97