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<br />, passed , 1996, incorporated <br />herein as if fully rewritten herein. <br />NOW, THEREFORE, in consideration of the premises and <br />the mutual promises and benefits contained herein, the parties <br />hereto hereby agree as follows: <br />PREMISES AND TITLE <br />l. (a) Landlord hereby leases the Demised Premises <br />to Tenant. Landlord covenants, represents, and warrants to <br />Tenant that (i) as of the date hereof, Landlord holds good and <br />marketable fee simple title to the Premises; (ii) as of the date <br />hereof, Landlord has full authority and power to enter into this <br />Lease; and (iii) so long as this Lease is in effect and Tenant is <br />not in default, Tenant shall, at all times during the continuance <br />hereof, have quiet, continuous, peaceable and undisturbed posses- <br />sion and enjoyment of the Demised Premises and rights-of-way and <br />easements granted herein or to be granted pursuant hereto, free <br />from the claims of Landlord and all persons claiming under, by or <br />through Landlord, and free from the claims of all persons through <br />or under whom Landlord claims, subject to the terms and condi- <br />tions of this Lease. <br />(b) Landlord does hereby represent and warrant to <br />Tenant that it shall not subsequently lease or use any other <br />areas of the Premises for placement of communications facilities <br />if, in Tenant's reasonable judgment, such placement or actual <br />operations of said communication facilities would interfere with <br />Tenant's use of Tenant's Facility. In the event Landlord <br />disagrees with Tenant's judgment on any particular matter <br />regarding interference, Landlord and"Tenant do hereby agree that <br />said dispute shall be decided between the parties in accordance <br />with the rules, regulations and guidelines promulgated by the <br />FCC. <br />(c) If, on the date hereof or prior to the Effective <br />Date of this Lease (as hereinafter defined), there exists a <br />mortgage lien(s) on the Premises, Landlord shall use its best <br />efforts to obtain from such mortgagee(s) and deliver to Tenant, a <br />"Consent, Attornment, and Non-Disturbance" letter in <br />substantially the form marked Exhibit A-1 attached hereto and <br />made a part hereof, which letter must be acceptable to counsel <br />for Tenant. -- <br />(d) Tenant shall order, at its sole cost, a Commitment <br />for Leasehold Title Insurance with respect to the Premises. If <br />said Commitment discloses any liens, defects of and/or encum- <br />brances on title ("defects") which are not acceptable to counsel <br />2.