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11 <br /> a. Notwithstanding anything to the contrary contained herein, provided LESSEE is <br /> not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to <br /> terminate this Agreement upon the annual anniversary of the Commencement Date provided that three <br /> (3)months prior notice is given to LESSOR. <br /> 11. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will <br /> not cause harmful interference which is measurable in-accordance with then existing industry standards <br /> to any equipment of LESSOR or other lessees of the Property which existed an the Property prior to the <br /> date this Agreement is executed by the Parties or to LESSOR's reasonable use of LESSOR's facilities <br /> situated on the Property. In the event any after-installed LESSEE's equipment causes such interference, <br /> and after LESSOR has notified LESSEE of such interference by a written communication and a call to <br /> LESSEE's Network Operations Center [at (800) 264-6620/[800] 621-2622], LESSEE will take all <br /> commercially reasonable steps necessary to correct and eliminate the interference, including but not <br /> limited to, at LESSEE's option, powering down such equipment and later powering up such equipment <br /> for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the <br /> equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR <br /> agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take <br /> possession of the Property will be permitted to install only such equipment that is of the type and <br /> frequency which will not cause harmful interference which is measurable in accordance with then <br /> existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that <br /> there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph <br /> and therefore, either Party shall have the right to equitable remedies, such as, without limitation, <br /> injunctive relief and specific performance. <br /> 12. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety <br /> (90) days after any earlier termination of the Agreement, remove its equipment, conduits, fixtures and <br /> all personal property and restore the Premises to its original condition, reasonable wear and tear and <br /> casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, <br /> fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall <br /> have the right to remove the same at any time during the Term, whether or not said items are <br /> considered fixtures and attachments to real property under applicable laws. if such time for removal <br /> causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at <br /> the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment <br /> term, until such time as the removal of the building, antenna structure, fixtures and all personal <br /> property are completed. <br /> 13. RIGHT OF FIRST REFUSAL(COMMUNICATIONS EASEMENT). Intentionally deleted. <br /> 14. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or <br /> transfer all or any part of the Property or the Building thereon to a purchaser other than LESSEE, or (ii) <br /> to grant to a third party by easement or other legal instrument an interest in and to that portion of the <br /> Building and or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating <br /> and maintaining communications facilities or the management thereof, such sale or grant of an <br /> easement or interest therein shall be under and subject to this Agreement and any such purchaser or <br /> 5 <br /> 4849-2188-8346v8 <br /> 3000001-101524 <br />