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applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall <br />require the new applicant to pay for such interference studies, unless the Landlord or <br />other higher priority user requests the use. In that event, the Tenant and all other <br />Tenants occupying the Premises Area shall pay for the necessary interference studies, pro <br />rata. <br />d) Interference - New Occupants. Landlord agrees that it will not grant a future <br />lease in the Premises Area to any party who is of equal or lower priority to Tenant, if <br />such party's use is reasonably anticipated to interfere with Tenant's operation of its <br />Communications Facility. Landlord agrees further that any future lease of the Property <br />will prohibit a user of equal or lower priority from interfering with Tenant's <br />Communications Facility. Landlord agrees that it will require any subsequent occupants <br />of the Premises Area of equal or lower priority to Tenant to provide Tenant these same <br />assurances against interference. Landlord shall have the obligation to eliminate any <br />interference with the operations of Tenant caused by such subsequent occupants. If such <br />interference is not eliminated, Tenant shall have the right to terminate this Lease or seek <br />injunctive relief against the interfering occupant, at Tenant's expense. If Tenant <br />terminates this Lease because of such interference, Landlord shall reimburse all prepaid <br />rent covering the period subsequent to the date of termination and no termination fee <br />shall be due. <br />17. Assignment and Subletting. Tenant may not assign, or otherwise transfer all or any <br />part of its interest in this Lease or in the Premises without the prior written consent of <br />Landlord; provided, however, that Tenant may assign its interest to its parent company, <br />any subsidiary or affiliate of it or its parent company or to any successor -in -interest or <br />entity acquiring fifty-one percent (51%) or more of its stock or assets, upon written notice <br />to Landlord, subject to the assignee assuming in writing all of Tenant's obligations herein, <br />including but not limited to, those set forth above. <br />18. Utility Service. Tenant agrees to timely pay for and install all required utility services <br />and meters. Payment for electric and/or telephone service for Tenant's Communications <br />Facility shall be Tenant's responsibility without any adjustment to rent. The Landlord <br />shall not be responsible for any damages which occur as a result of interruption of utility <br />services Installation of utility services are subject to Landlord approval as to siting. <br />19. Condemnation. In the event the whole of the Premises is taken by eminent domain, this <br />Lease shall terminate as of the date title to the Premises vests in the condemning <br />authority. In event a portion of the Premises is taken by eminent domain, and such taking <br />materially interferes with the ability of either party to meet its obligations or exercise its <br />rights under this Lease, either party shall have the right to terminate this Lease as of said <br />date of title transfer, by giving thirty (30) days' written notice to the other party. In the <br />event of any taking under the power of eminent domain, Tenant shall not be entitled to <br />any portion of the reward paid for the taking and the Landlord shall receive full amount <br />of such award. Tenant hereby expressly waives any right or claim to any portion thereof. <br />Although all damages, whether awarded as compensation for diminution in value of the <br />leasehold or to the fee of the Premises, shall belong to Landlord, Tenant shall have the <br />13 <br />12107659942 752031 <br />62