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<br />Property in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the
<br />interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any
<br />such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and,
<br />therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court
<br />action to enjoin such interference or to terminate this Lease immediately upon written notice.
<br />7. Improvements; Utilities; Access.
<br />(a) Tenant shall have the right, at its expense, to erect and maintain on the Premises, improvements, personal property
<br />and facilities necessary to operate its communications system, including, tower and base, equipment shelters and/or cabinets and
<br />related cables and utility lines and a location based system, including, radio transmitting and receiving antenna(s), coaxial cable,
<br />base units and other associated equipment (collectively, the "Antenna Facilities"), as such location based system may be required
<br />by any county, state or federal agency/department. Tenant shall have the right to alter, replace, expand, enhance or upgrade the
<br />Antenna Facilities at any time during the term of this Lease. Tenant shall cause all construction to occur lien-free and in
<br />compliance with all applicable laws and ordinances. All construction and installation shall be performed at TenanYs sole cost and
<br />in a good and workmaniike manner. The Antenna Facilities shall remain the exclusive property of Tenant. Tenant shall have the
<br />right to remove the Antenna Facilities at any time during and shall have an affirmative duty to remove all Antenna Facilities upon
<br />the expiration or termination of this Lease. The Antenna Facilities shall be constructed and installed as specifically described
<br />and depicted in Exhibit B
<br />(b) Tenant, at its expense, shall use any and ai appropriate means of restricting access to the Antenna Facilities,
<br />including, without limitation, the construction of a fence. The fencing and landscape buffering shall be constructed and installed
<br />as specifically described and depicted in Exhibit B
<br />(c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property
<br />in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty excepted.
<br />Upon termination or expiration of this Lease, the Premises shall be returned to Landlord in good, usable condition, normal wear
<br />and tear and casualty excepted.
<br />(d) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the
<br />Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to cooperate with
<br />Tenant to acquire necessary utility service, with the exception of and specifically excluding the addition of utility poles. Tenant
<br />shall, wherever practicable, install separate meters for utilities used on the Property by Tenant. In the event separate meters are
<br />not installed, Tenant shall pay the periodic charges for all utilities attributable to Tenant's use. Landlord shall diligently correct
<br />any variation, interruption or failure of utility service caused by the negligent acts and/or omissions of Landlord and its agents,
<br />employees, contractors, lessees and licensees.
<br />(e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant an easement in, under and
<br />across the Property for ingress, egress, utilities and access (including access for the purposes described in Section l) to the
<br />Premises adequate to install and maintain utilities, which include, but are not limited to, the installation of power and telephone
<br />service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any
<br />Renewal Term (coliectively, the "Easements"). The Easements provided hereunder shall have the same term as this Lease. The
<br />construction activity within the easement shall be strictly limited to improvements to utilities and only as detailed in Exhibit B.
<br />(f) Tenant shall have access to the Premises for normal and routine maintenance during the business hours of 8:00 am
<br />to 6:00 pm ("Business Hours") 7 days a week and shall have 24-hours-a-day, 7-days-a-week access to the Premises for
<br />emergency maintenance and repair ("Access") at all times during the Initial Term of this Lease and any Renewal Term
<br />Emergency maintenance and repair shall be defined as documented circumstances where the Antenna Facilities are inoperable
<br />due to unforeseen technical failure or maintenance which cannot, due to its negative impact on Tenant's communications system,
<br />be performed during Business Hours.
<br />(g) The Premises and the tower shall be reasonably accessible for use by Landlord, free of charge, for the operation,
<br />maintenance, repair, removal or replacement of equipment and related facilities, including but not limited to a whip antenna(s)
<br />(collectively, the "Landlord's Equipment"), that are used for the transmission and reception of Landlord's radio communications
<br />signals of Landlord's safety and service departments. An initial ten foot (10') vertical space between the heights of 90'- 100' on
<br />the tower, or as otherwise agreed to in writing, and a one hundred (100) square foot space within the fenced compound shall be
<br />utilized by Landlord. Landlord at its sote cost, shall purchase, provide, install and be liable for all Landlord's Equipment at a
<br />location on the tower and in the ground compound that is mutually acceptable. Landlord may access the compound twenty-four
<br />(24) hours a day, seven (7) days a week but must provide twenty-four (24) hours notice to Tenant, except in the case of an
<br />emergency, for maintenance and/or repairs to its equipment on the tower, in which case access shall be immediate. Any future
<br />additions to Landlord's equipment outside of the ten (10) foot area on the tower or on the one hundred (100) square foot ;;pace
<br />on the ground are subject to TenanYs written approval and mutual agreement regarding rent. Landlord shall provide a written
<br />request to Tenant of such additions to Landlord's Equipment, specifying a height on the tower. Tenant may require Landlord to
<br />Site Nuntbec CL41-3766 2 Version 10-2-01
<br />Site Name: North Olmsted Fire Station No. 2
<br />Market: Cleveland
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