TowerCo has granted to AirTouch or any other Sublessor any right, power or permission to do any act or
<br />make any agreement that may create, or give rise to or be the foundation for any such right, title, interest,
<br />lien, charge or other encumbrance upon the estate of TowerCo in any Site.
<br />(e) Except as otherwise provided in this Agreement or the applicable Ground Lease,
<br />TowerCo shall have an unrestricted right to further sublease space on the Subleased. Property (other than
<br />Reserved Space) to any other Person on terms and conditions acceptable to TowerCo in its sole and
<br />absolute discretion.
<br />7. ACCESS.
<br />The Subleased Property of a Site includes, subject to any restrictions imposed by the applicable
<br />Ground Lease or other reshictions a-f~ectin~ the subiect Land, as an appurtenance thereto, a nonexclusive
<br />right for.access to the Subleased Property of each Site on 24-hour, seven (7) day per week basis, ou foot
<br />or motor vehicle, including trucks and other heavy equipment, for the installation and maintenance of the
<br />Tower and Improvements thereof and the Communications Facilities of Space Subtenants. The Parties
<br />acknowledge and agree that the right to access the Subleased Property of each Site, or any portion thereof,
<br />granted pursuant to this Section 7 shall be granted to TowerCo and its authorized contractors,
<br />subcontractors, engineers, agents, advisors, consultants, representatives, or other persons authorized by
<br />TowerCo and under TowerCo's direct supervision (all of which shall be required by TowerCo to perform
<br />any activities at the Site in accordance with the standard of caru applicable to TowerCo pursuant to
<br />Section 4(b)), and to Space Subtenants.
<br />8. TERM.
<br />(a) The term of this Agreement, as to each Site, shall commence on the Site
<br />Commencement Date .set forth in the Site Designation Supplement with respect thereto and shall expire
<br />on the Site Expiration Date therefor, which shall be (i) with respect to an Owned Site (including any Site ~
<br />which becomes an Owned Site after the date hereof, if any), the lesser of (a) ninety~ine (99) years, or (b) ~~
<br />the maximum term allowed by the Laws of the State in which the subject Site is located, from the date of
<br />the Site Commencement Date, and (ii) in respect of a Site (other than an Owned Site~one day before the
<br />Ground Lease with respect to such Site exprres, as a term o such Ground Lease may be renewed or
<br />extend p»*~+~ant to Section 3 (the "Term" .
<br />(b) No surrender by TowerCo to AirTouch or any other Sublessor of the Subleased
<br />Property of any Site or any portion thereof, prior to the expiration of the Term as to such Site shall be
<br />valid or effective unless agreed to and accepted in writing by AirTouch or such Sublessor, and no act by
<br />AirTouch or such Sublessor, other than such a written acceptance, shall constitute an acceptance of any
<br />such surrender. TowerCo may terminate this Agreement with respect to a particulaz Site if any Law
<br />prohibits TowerCo's use of such Site.
<br />(c) Upon expiration or earlier termination of this Agreement as to any Site, TowerCo
<br />shall, at its cost and expense and upon instructions from the applicable Sublessor, (i) within a reasonable
<br />period of time, but in no event less than thirty (30) days, stop and cease, and cause the Space Subtenants
<br />on such Site to stop and cease, the operation of their respective Communications Facilities on such Site
<br />and shall remove, and cause all Space_Subtenants to remove, all of TowerCo's and such Space Subtenant's
<br />Improvements from such Site, and (ii) (A) restore each Site that is a Leased Site to the condition required
<br />by the Ground Lease, including, without limitation removal of the Tower and the Improvements thereof
<br />(if required by the applicable Ground Lease), in which~case, in consideration of such removal of the
<br />subject Tower, TowerCo shall be entitled to retain the 'Power, or restore each Site that is an Owned Site to
<br />the condition it was in on the applicable Site Commencement Date, or (B) vacate such Site leaving it in
<br />"AS IS" condition at the time of such expiration or earlier termination of this Agreement as to such Site.
<br />
|