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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, including 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 modifications 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 impairment 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 />