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14 - Ground & Tower Lease Agreement with New Cingular Wireless for East Water Tower
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14 - Ground & Tower Lease Agreement with New Cingular Wireless for East Water Tower
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to TENANT, or to OWNER if billed to OWNER, upon thirty (30) days prior written notice from <br />OWNER, and any and all taxes and assessments levied against any personal property or trade <br />or other fixtures placed by TENANT in or about the Leased Site. <br />B. TENANT shall pay as additional rent any increases in real property taxes levied against <br />the OWNER'S Property, including the Tower, as a result of the improvements constructed by <br />TENANT on the Leased Site. <br />19. QUIET ENJOYMENT AND NON-INTERFERENCE <br />A. OWNER warrants and agrees that TENANT, upon paying the rent and performing the <br />covenants herein provided, shall peaceably and quietly have and enjoy the Leased Site. <br />OWNER shall nevertheless continue to have access to the Leased Site as set forth herein. <br />B. OWNER hereby grants to TENANT, as a primary inducement to TENANT's entering <br />into this Lease, the right to install its Antenna Facilities on the Tower (as set forth and listed on <br />Exhibits "B" and "C") and operate its communications facility on the Tower and the ground <br />space portion of the Leased Site (as set forth in Exhibit "B"). TENANT represents and warrants <br />that its use and operation of its Antenna Facilities shall not interfere with the use and operation <br />of other communication facilities on the Tower which pre-existed TENANT's Antenna Facilities <br />and are owned by either OWNER or any other tenant at the Owner's Property. If TENANT's <br />Antenna Facilities cause such interference, TENANT shall take all measures reasonably <br />necessary to correct and eliminate the interference. If the interference cannot be eliminated <br />within twenty (20) days, OWNER may terminate this Lease as its sole and exclusive remedy. <br />TENANT's installation, operation, and maintenance of its Antenna Facilities shall not damage <br />or interfere in any way with OWNER's operations or related repair and maintenance activities <br />or with such activities of other pre-existing tenants. TENANT agrees to cease all such actions <br />which materially interfere with OWNER's use of the Leased Site immediately upon actual <br />notice of such interference, provided however, in such case, TENANT shall have the right to <br />terminate the lease. <br />C. OWNER, at all times during this Lease, reserves the right to take any action it deems <br />necessary, in its sole discretion, to repair, maintain, alter or improve the Leased Site in <br />connection with its operations as may be necessary, including leasing parts of OWNER's <br />Property and communications facilities and/or the right to install antennas in connection with <br />the operation of such facilities or other communications facilities. OWNER does not guarantee <br />to TENANT subsequent noninterference with TENANT's communications operations as a <br />result of third -party users. Owner shall include in future agreements that third parties are not <br />to interfere with current tenants on the Property and give Tenant the right to enforce such <br />provisions. Owner shall cooperate with TENANT to eliminate the third -party interference. If <br />Tenant's use of the Leased Site is materially affected and cannot be remedied by enforcing <br />the third -party agreements, TENANT may immediately terminate the Lease by the giving of <br />written notice to OWNER. <br />20. COORDINATION OF OPERATION <br />As a consequence of the proposed twenty-four (24) hour daily basis of operation by TENANT, <br />151Paa6e <br />
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