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Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic
<br />Fields, Edition 97-01, released August 1997 ("OET Bulletin 65"), including the completion of RF
<br />worksheets showing compliance with the guidelines set forth. in OET Bulletin 65 and all existing and
<br />future Laws (collectively, "EMF Rules"). TowerCo shall ensure that all Space Subtenants' (other than
<br />Existing Space Subtenants) agreements contain a provision providing that such Space Subtenants shall
<br />comply with the EMF Rules. Such Space Subtenant agreements shall also contain an indemnity by such
<br />Space Subtenants in favor of TowerCo, and AirTouch and the applicable Sublessor as third-party
<br />beneficiaries, in connection with any failure of such Space Subtenant to comply with the EMF Rules. At
<br />the time of any Space Subtenant's installation, modification or replacement of equipment, and no less than
<br />once every three (3) months in any given Sublease Year, and whenever TowerCo inspects a Site,
<br />TowerCo shall evaluate and test compliance with the EMF Rules based on such factors as, but not limited
<br />to, antenna radiation patterns, actual RF measurements, barriers/precautions that prevent access to high
<br />RF areas, etc. In the event any remedial or corrective measures are required as a result of an evaluation
<br />associated with aSpace Subtenant's installation, modification or replacement of equipment or TowerCo's F -
<br />regular measurements, Tower~o shall cause the responsible party at such Site to perform such remedial or
<br />corrective measures if it can be reasonably determined that such responsible party is the cause of the event
<br />requiring such remedial or corrective measures. TowerCo will promptly provide AirTouch copies of any .
<br />notice, communication or other form of correspondence from any local, state or federal agency,
<br />commission, board of governing or regulatory body relating to any of the Subleased Property subject to a
<br />Site Designation Supplement, to the extent that the subject of,such notice related in any adverse way to
<br />Sublessor's use or occupancy of the Site or TowerCo's continuing ability to make the Subleased Property
<br />available for such use. In the event any such notice, communication or other form of correspondence
<br />requires action or conduct on behalf of TowerCo and in the event TowerCo fails to take such action
<br />within five (5) business days of such notice, then AirTouch and/or the applicable Sublessor shall have the
<br />right to act as provided in Section 32 below.
<br />16. TAXES.
<br />(a) Tower~o shall be responsible for and pay in a timely manner, and indemnify,
<br />protect defend, save and hold harmless AirTouch and any other Sublessor against, all Taxes (other than
<br />income or fianchise taxes, or Taxes in lieu thereof; payable with respect to the Exclusive Commitment
<br />Fee paid or accrued p»~»+t to the Agreementto Sublease or (but only, in each ease where there is no
<br />specific provision to the contrary in this Agreement)
<br />amounts paid by TowerCo to AirTouch or any Sublessor pursuant to this Agreement, or related to any
<br />Sublessor's Communications Facilities or use of the Reserved Space) imposed or levied upon, or incurred
<br />in connection with (i) the Sites or any portion thereof (except that the treatment of Transfer Taxes that are
<br />the subject of Section 6.3(c) of the Agreement to Sublease shall be governed by that section), (ii) the sale,
<br />financing, construction, purchase, ownership, acquisition, acceptance, rejection, delivery; nondelivery,
<br />possession, installation, transportation, transfer of title, lease, sublease, condition, return, abandonme~ or
<br />other application or disposition of the Sites or any portion thereof, (iii) the use, or operations,
<br />maintenance, repair, modification or alteration of the Sites or any portion thereof; (iv) the Rent reserved
<br />or payable under this Agreement or any earnings arising from the Sites or this Agreement or any portion
<br />of either of them and (v) this Agreement, the Agreement to Sublease, any related document or otherwise
<br />with respect to or in connection with the transactions contemplated hereby and thereby including those
<br />Taxes that are imposed, levied or assessed in the name of AirTouch or any other Sublessor (collectively
<br />"TowerCo Taxes"). Except as otherwise provided in this section 16(a), TowerCo shall prepare all Returns
<br />with respect to TowerCo Taxes in a manner reasonably satisfactory to AirTouch and, to the extent any
<br />such Return is required to be filed by AirTouch or any other Sublessor, shall submit each such Return
<br />. ~ (including all relevant work papers) to AirTouch for review and approval no later than twenty (20) days
<br />before any such Return is required to be filed. AirTouch shall review each such Return and return same
<br />to TowerCo no later than five (5) days prior to the due date of each such Return. In the event that
<br />TowerCo Taxes, such as property taxes with respect to a Site, are not readily ascertainable or divisible or
<br />canahle of heinQ renortP.d nn a separate Return (for example due to AirTouch tiein¢ subiect to central
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