use and operation of its facilities as such are initially described in Exhibit B, collectively referred to as the
<br />"Premises". The Parties understand and acknowledge that Exhibit B (the Premises location within the Property
<br />and the description of Tenant's Equipment) may be attached to this Agreement, in preliminary form. Accordingly,
<br />the Parties agree that upon the preparation of final, more complete exhibits, Exhibit BB, as the case may be, which
<br />may have been attached hereto in preliminary form, may be replaced by Tenant, upon Landlord's written
<br />approval, with such final, more complete exhibit(s); provided that, the Premises, Tenant's Equipment, and
<br />Tenant's Permitted Use may not be enlarged beyond what is permitted hereunder. The terms of all such final,
<br />more -complete exhibits are incorporated herein for all purposes. Landlord understands the Tenant's Equipment
<br />will consist of ground equipment and facade -mounted antennae, and that Tenant will run its own utilities, cabling
<br />and/or fiber to connect Tenant's Equipment, and agrees to grant Tenant and/or the applicable third party utility
<br />or fiber provider the right, at Tenant's sole cost and expense, to install such utilities or fiber on, over and/or under
<br />the Property, and to maintain, repair, replace, and remove the same, as is necessary for Tenant's Permitted Use;
<br />provided that Landlord and Tenant shall mutually agree on the location of such installation(s).
<br />2.2 Option. Landlord grants to Tenant an option to lease the Premises on the terms and conditions
<br />described in this Agreement (the "Option"). The Option shall commence on the Effective Date and shall continue
<br />for a period of Twelve (12) months (the "Initial Option Period"). The Initial Option Period will may be extended
<br />for up to Two (2) additional Twelve (12) month periods (each, an "Option Extension Period", and together with
<br />the Initial Option Period, the "Option Period"), subject to Landlord's written agreement, which must be requested
<br />in writing at least thirty (30) days prior to the expiration of the Initial Option Period or first Option Extension
<br />Period, as applicable (email being sufficient). Tenant shall pay Landlord One Thousand Five Hundred and 00/100
<br />Dollars ($1,500.00) for the Initial Option Period and, if applicable, an additional One Thousand Five Hundred and
<br />00/100 Dollars ($1,500.00) for each subsequent Option Extension Period ("Option Fee(s)"). Such Option Fee(s)
<br />shall be paid within thirty (30) days following the commencement of the applicable Initial Option Period, and at
<br />least thirty (30) days prior to the commencement of a Landlord -approved Option Extension Period. This
<br />Agreement will constitute a lease of the Premises upon Tenant's exercise of the Option, which exercise must be
<br />communicated in writing to Landlord priorto the expiration of the Initial Option Period or Option Extension Period,
<br />as applicable. If Tenant terminates the Option by written notification to Landlord, this Agreement shall be deemed
<br />terminated. During the Option Period, Landlord agrees to cooperate with and to allow Tenant, at no cost to
<br />Landlord, to obtain a title report, zoning approvals and variances, land -use permits, and Landlord expressly grants
<br />to Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or
<br />environmental investigations on the Property necessary to determine that Tenant's use of the Premises will be
<br />compatible with Tenant's engineering specifications, system design, operations and Governmental Approvals.
<br />Tenant shall coordinate with Landlord in advance all access to the Property for purposes of conducting Tenant's
<br />investigations, and Tenant shall not enter the roof or any other non-public area of the Property without being
<br />accompanied by a representative of Landlord. Tenant shall at its expense restore the surface of any areas
<br />disturbed by such investigations to the condition that existed prior to such inspection. Notwithstanding the
<br />foregoing, Tenant may not submit any application to change the zoning classification of the Property, or submit
<br />any land use or zoning permit applications for any Tenant's Equipment that has not been approved by Landlord
<br />pursuant to this Agreement without first obtaining Landlord's written consent.
<br />2.3 Term. This Agreement shall be effective as of the Effective Date. The initial term of this
<br />Agreement (the "Initial Term") will commence on the first (1s`) day of the month following the date Tenant
<br />exercises the Option, in accordance with Section 2.2 above (the "Commencement Date"), and will expire on the
<br />last day of the month that is sixty (60) months after the Commencement Date unless terminated sooner,
<br />renewed or extended in accordance with this Agreement. The Initial Term may be automatically renewed for up
<br />to four (4) additional terms of sixty (60) months each (each, a "Renewal Term" and together with the
<br />Initial Term, the "Term"). However, Tenant may, in Tenant's discretion, elect not to renew the lease at the end
<br />of the then -current Term by giving Landlord written Notice at least ninety (90) days prior to the end of the
<br />then -current Term. The Parties
<br />Site Number: DNDEN00260D
<br />Market: Denver
<br />K
<br />Confidential & Proprietary
<br />Option Version: 1.0
<br />c6c
<br />
|