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Option and Tower Lease Agreement <br />Page No. 6 <br />business entity which is licensed by the Federal Communications Commission, or its <br />successor, to operate a wireless communications business only if it is a parent, subsidiary or <br />affiliate of Tenant; controls or is controlled by or under common control with Tenant; is <br />merged or consolidated with Tenant; or purchases a majority or controlling interest in the <br />ownership or assets of Tenant. Upon notification to Landlord by Tenant of any such action, <br />and Landlord's approval which approval shall not be unreasonably withheld or delayed, <br />Tenant shall be relieved of all future performance, liabilities and obligations under this Lease. <br />Tenant may not otherwise assign or sublet this Lease without Landlord's consent, which shall <br />not be unreasonably withheld or delayed. <br />17. Each party shall execute documents for the Premises, Antenna Facilities and Permitted Uses <br />including truthful and reasonable estoppels; memoranda of this Agreement; subordinations, <br />which include non-disturbance clauses; and zoning and permitting requests, applications and <br />authorities upon not more than 30 days' prior notice. This Agreement shall be construed <br />according to the laws of the State of Ohio, shall be construed according to the fair meaning <br />of the language, not strictly construed against either party, and may be signed in counterparts; <br />facsimile signatures shall be sufficient unless originals are required by third parties; may be <br />assigned or sublet; is the complete agreement; and is binding on successors and assigns. The <br />unsuccessful party in litigation shall pay the other's attorney fees and costs. In this <br />Agreement, "include" means "including and not limited to." <br />DATED as of the date first set forth above. <br />Signed and acknowledged in the presence of: <br />LANDLORD: <br />Village of Mayfield, an Ohio <br />municipal corporatio~_1 <br />By: Bruce G. Rinker <br />Its: Mayor <br />Print Name: t~ nc~ ~ ~ . ~ ,,,~ceCf <br />~~,m. Pau~c~ <br />