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Option and Tower Lease Agreement <br />, Page No. 6 <br />business entity which is licensed by the Federal Comanunications Commission, or its <br />successor, to operate a wireless coanmunications business only if it is a parent, subsidiary or <br />affiliate of Tenant; controls or is controlled by or under comrnon control with Tenant; is <br />merged or consalidated witYa Tenant; or purchases a majority or con#rolling interest in the <br />ownership or assets of Tenacit. CJpon nutifacation to Landlord by Tenant o£ any such action, <br />and Landlord's aggroval wluch apgroval shall not be exnreasonably withheld or delayed, <br />Tenant shall be relieved of all future performance, liabitities and obligations under this Lease. <br />Tenant may not o#herwise assign or sublet this Lease without Landlord's consent, which shall <br />not be unreasonabty withheld or delayed. <br />17. Each party shall execute docnments for the Premises, Antenna Facilities and Permitted Uses <br />including truthFul and reasonable estoppels; memoranda of this Aareement; subordinations, <br />w•hich 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 strictiy construed against either party, and may be signed in counterparts; <br />facsimile signatures shall be sufficient unless original.s are required by third parties; may be <br />assigned or sublet; is the complete agreement; and is binding on successors and assigizs. 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 />DATEI3 as of the date first set farth above. <br />Signed and acknowledged in the presence of LANDLORD: <br />Village of ivlayfield, an Ohio <br />- ,? municipal corporat o <br />? f . <br />i ' r ? ? ?, <br />By: Bruce G. Rinker <br />Print Na.rne: _ .?if' f ?. " `•,' ; ' %? Its: Mayor <br />L _e <br />v L ? i1., PCi G(. <br />Print Name: t4.n nc? ?, ?14.? <br />6