14 - Ground & Tower Lease Agreement with New Cingular Wireless for East Water Tower

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on OWNER's Property as of the then current date. TENANT warrants that its use of the Leased Site will not interfere with any existing radio frequency uses on OWNER's Property, as long as those existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations, TENANT will continue to operate its Antennae Facilities on OWNER's Property within said frequencies in accordance with all applicable laws and regulations. H. Prior to modifying, upgrading, locating or relocating any current or replacement equipment on OWNER's Property as allowed by Section 3.G of this Lease, which equipment will use a different radio frequency than reported to OWNER pursuant to Paragraph G of this Section 4, TENANT shall provide OWNER an updated list of radio frequencies proposed for use by TENANT specifically highlighting any changes and additions. It is specifically understood and agreed that TENANT shall not be allowed to change to any radio frequency or add radio frequencies that (1) may interfere with the radio frequencies used by OWNER's emergency service providers or (2) interfere with the radio frequencies used by other tenants of the OWNER's Property. I. It is specifically agreed and understood by OWNER that the radio frequencies used by TENANT on and about the Leased Site are confidential information. TENANT shall label any list of radio frequencies provided to OWNER pursuant to this Section as confidential information. TENANT's confidential information provided to OWNER pursuant to this Section shall be used solely to determine whether a potential for interference exists between TENANT's radio frequencies and the OWNER's emergency communications radio frequencies in use on and about OWNER's Property. In this regard, OWNER shall disclose TENANT's confidential information only to those employees, necessary internal parties, consultants and professional advisers, if any, of the OWNER who have a need to know such confidential information to perform such analysis. OWNER certifies that, at the time of such disclosure by the OWNER, each such employee or necessary internal parry, consultant or professional advisor will have agreed either as a condition to employment or engagement, to be bound by terms and conditions substantially similar to, and at least as protective as, the terms and conditions set forth herein regarding the use and/or disclosure of TENANT's confidential information. OWNER agrees to take all reasonable precautions to prevent any unauthorized disclosure of the TENANT's confidential information. OWNER shall notify the TENANT immediately if it learns of any misappropriation of the TENANT's confidential information or use of the TENANT's confidential information by anyone in any manner not expressly authorized by this Lease, and will cooperate with any efforts by the TENANT to prevent any misappropriation or misuse of the TENANT's confidential information. A disclosure of confidential information by the OWNER in response to a court order, subpoena or other legal compulsion or as otherwise required by law, and specifically including any documents or tangible things requested and ordered to be released by the Texas Attorney General under applicable provisions of the Texas Public Information Act after proper submittal by OWNER to the Texas Attorney General for an opinion on disclosure will not be considered a breach of this Lease by the OWNER; provided, however, that the OWNER shall give the TENANT prompt prior written notice of such potential disclosure in order to enable the TENANT to seek a protective order or otherwise prevent or 61Page