Agenda - 09-05-2013 - 6b - Laserfiche WebLink

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Site Name: Phelps NC Site Number: 280138 terminates, American Tower's obligation to pay the Collocation Fee for such sublease or license shall terminate effective upon the date of such expiration or termination. Notwithstanding anything contained herein, no Collocation Fee shall be due for any sublease or transfer if such sublease or transfer does not result in additional equipment on the Tower. (h) American Tower has the sole and absolute right to enter into, renew, extend, terminate, amend, modify reduced rent, or allow the early termination of any future or existing subleases, licenses or collocation agreements for occupancy on the Tower, all on such terms as American Tower deems advisable, notwithstanding that such decisions may affect the amounts payable to the Landlord pursuant to Paragraph 4 hereof. Nothing contained in this Lease Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. 5. Use. (a) American Tower will be permitted to use the Site for the purpose of constructing, maintaining, removing, replacing, securing and operating a communications facility, including, but not limited to, the construction or installation and maintenance of a telecommunications tower (the "Tower "), structural tower base(s), guy anchors, guy wires, communications equipment, one or more buildings or equipment cabinets, radio transmitting and receiving antennas, personal property and related improvements and facilities on the Compound (collectively, the "Tower Facilities "), to facilitate the use of the Site as a site for the transmission and receipt of communication signals including, but not limited to, voice, data and internet transmissions and for any other uses which are incidental to the transmission and receipt of communication signals (the "Intended Use "). (b) American Tower, at its sole discretion, will have the right, without prior notice or the consent of Landlord, to license or sublease all or a portion of the Site or the Tower Facilities to other parties (each, a "Collocator" and collectively, the "Collocators "). The first Collocator to enter into a sublease, license or collocation agreement with American Tower may sometimes be referred to herein as the "Anchor Tenant" and the Collocators which enter into a sublease, license or collocation agreement on a date subsequent to the date of the Anchor Tenant's agreement may occasionally be referred to herein as an "Additional Collocator ". The Collocators will be entitled to modify the Tower Facilities and to erect additional improvements on the Compound including but not limited to antennas, dishes, cabling, additional buildings or shelters ancillary to the Intended Use. The Collocators will be entitled to all rights of ingress and egress to the Site and the right to install utilities on the Site that American Tower has under this Agreement (c) Notwithstanding paragraph 5(b) American Tower shall reserve sufficient space on the Tower and Tower Facilities to allow for the installation of emergency communications equipment at a minimum height of one hundred seventy (170) feet (dimensions of vertical installation space to be verified and approved by Landlord's consultant) for use by Orange County Emergency Services and Fire Departments. Such emergency communications equipment shall be installed at Landlord's sole cost and expense. Upon execution of American Tower's Site License Agreement, Landlord shall have the rights and privileges of a Collocator, as detailed in that agreement. Landlord shall not be subject to Collocator fees as described in American Tower's Site License Agreement. (d) American Tower shall comply with existing administrative procedures and permitting requirements of Orange County related to site preparation and study and the erection of a telecommunication facility on the Property both during the Option Period and Term. 6. Tower Facilities. {sK011162.DOCx 2 14 n ti