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2011-204 Orange County - State of North Carolina for Communications Tower Lease Agreement
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2011-204 Orange County - State of North Carolina for Communications Tower Lease Agreement
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2/15/2012 2:40:20 PM
Creation date
1/24/2012 2:25:17 PM
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BOCC
Date
6/21/2011
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5bb
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9. Utilities and Other Services. Lessor shall permit Lessee access to its electric power <br />source so that Lessee may obtain all electrical energy required to operate the Communications <br />Equipment. <br />10. Governmental Approvals and Compliance. Lessee, at its sole cost and expense, shall <br />obtain any necessary governmental licenses or authorizations required for the installation, repair, <br />alteration, improvement, or expansion of its Communications Equipment and shall comply with <br />government regulations applicable to its operations, inchiding those of the Federal <br />Communications Commission ("FCC"), the Federal Aviation Administration ("FAA"). Lessor <br />agrees that the Tower and its operations shall meet applicable rules and regulations of the FCC <br />and the FAA, as well as all applicable State codes and regulations. <br />11. Conditions Precedent to Installation or Modification. Notwithstanding anything to the <br />contrary herein, the Parties agree that Lessee's right to install its Communications Equipment or <br />to make any rnodif cations to its Communications Equipment at the Premises shall not <br />commence until Lessee, at its sole cost and expense, completes the following, as applicable: (i) <br />tenth order inter-modulation study; (ii) update of the most recent Tower loading analysis; (iii) <br />provision for commercial electric service and emergency power to operate its Communications <br />Equipment; and {iv) receipt of all required permits (if any) for the installation of, or modification <br />to, its Communications Equipment and all required regulatory or governmental approvals of <br />Lessee's proposed use of the Premises. Lessor shall have the right to review said inter- <br />modulation study, Tower loading analysis and governmental permits to determine if Lessee's <br />Communications Equipment cause degradation to Lessor's communications system or adversely <br />affect the physical and structural capacity of the Tower. If, after reviewing said inter-modulation <br />study, Tower loading analysis and governmental permits, Lessor determines in its sole discretion <br />that the installation of, or modification to, Lessee's Communications Equipment will result in a <br />. degradation of Lessor's communication system or adversely affect the physical and structural <br />capacity of the Tower, Lessee shall, at its sole cost and to the satisfaction of Lessor, make any <br />modifications, upgrades or improvements to its Communications Equipment necessary to <br />prevent any disruption to Lessor's system or any impauYnent to the structural integrity of the <br />Tower. <br />12. Lessor's and Lessee's Rights in the Event of Interference. The Communications <br />Equipment shall be designed, constructed, installed, maintained, and operated in compliance <br />with the applicable rules and regulations of the FCC and good engineering practices, Lessee <br />confirms to Lessor that the installation and use of the Communications Equipment will not <br />interfere with the operation of any other equipment on the Tower. In the event the <br />Communications Equipment causes interference with other equipment on the Tower, Lessee <br />shall proceed immediately to correct and eliminate the interference. Lessee shall cease operation <br />of the Communications Equipment until the cause of such interference is removed. Should <br />interference reasonably objectionable to Lessee be caused by Lessor's equipment, Lessor shall <br />cooperate with Lessee to eliminate such interference. Lessee expressly agrees to pay for such <br />equipment as may be necessary to prevent its interference with any radio transmissions by <br />Lessor, and will also be responsible for purchasing any equipment to correct any interference <br />that Lessor's equipment may cause in Lessee's use and operation of its Communications <br />Page 3 of 9 <br />
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