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agree that, subject to the Contingencies (Section 2.5), this Agreement constitutes a binding and valid obligation
<br />on each Party and that each Party has vested rights in this Agreement as of the Effective Date.
<br />2.4 Rent. Beginning on the Commencement Date and continuing through the term of this Agreement,
<br />Tenant shall pay Landlord rent forthe Premises ("Rent") in the amount of Two Thousand Five Hundred and 00/100
<br />Dollars ($2,500.00) per month. The first Rent payment shall be made within twenty (20) business days of the
<br />Commencement Date, with subsequent rent payable by the fifth day of each month. On each anniversary of the
<br />Commencement Date, the Rent shall be automatically increased by two percent (2%) of the then -current Rent.
<br />Payments shall be delivered to the address designated by Landlord in Section 12.11, or by electronic payment in
<br />a method agreed upon by Landlord. All payments for any fractional month shall be prorated based upon the
<br />number of days during such month that the payment obligation was in force ("Payment Terms"). Tenant shall pay
<br />Landlord a late payment charge equal to ten percent (10%) of the late payment for any payment not paid when
<br />due. Tenant shall require receipt of a validly completed IRS approved W-9 form (or its equivalent) prior to paying
<br />any Rent or any other amount(s) due under this Agreement.
<br />2.5 Contingencies. The Parties acknowledge and agree that Tenant's ability to lawfully use the
<br />Premises to install, operate, maintain, repair, replace, and remove Tenant's Equipment is contingent upon Tenant
<br />obtaining all certificates, permits, approvals and other authorizations that may be required by any Governmental
<br />Authority in accordance with Applicable Law (collectively, the "Governmental Approvals"). Tenant must obtain
<br />all such Governmental Approvals prior to Tenant's initial installation of Tenant's Equipment on the Premises.
<br />Notwithstanding anything in this Agreement to the contrary, Tenant acknowledges and agrees that: (i) The
<br />issuance by the Landlord of any land use, zoning, building or other permits or approvals for Tenant's proposed use
<br />are matters subject to the regulatory authority and quasi-judicial or administrative discretion of the Landlord; (ii)
<br />no promise of or agreement to the issuance of such approvals and permits has been given or made by Landlord;
<br />and (iii) Tenant may not submit any application to change the zoning classification of the Property, or submit any
<br />land use or zoning permit applications for any equipment or facilities not been approved by Landlord pursuant to
<br />this Agreement without first obtaining Landlord's written consent. Landlord hereby authorizes Tenant, at Tenant's
<br />sole cost and expense, to file and submit for Governmental Approvals. Landlord shall: (a) cooperate with Tenant
<br />in Tenant's efforts to obtain such Governmental Approvals; (b) promptly execute and deliver all documents
<br />necessary to obtain and maintain the Government Approvals; and (c) not take any action that would adversely
<br />affect Tenant's ability to obtain and/or maintain the Governmental Approvals. If: (i) any application for
<br />Governmental Approvals is rejected, conditioned in a commercially unreasonable manner, materially delayed or
<br />otherwise not approved for any or no reason; or (ii) Tenant determines, in Tenant's sole and absolute discretion,
<br />that such Governmental Approvals cannot be obtained in a timely and commercially reasonable manner (clauses
<br />(i) and (ii) collectively, the "Contingencies"), then, Tenant shall have the right in its sole and absolute discretion to
<br />terminate this Agreement immediately upon Notice to Landlord, without penalty or further obligation to Landlord
<br />(or Landlord's affiliates, employees, officers, agents or lenders). If, following the Commencement Date, and
<br />through no fault of Tenant, any Governmental Approval issued to Tenant is canceled, expires, lapses or is
<br />otherwise withdrawn or terminated by the applicable Governmental Authority, then Tenant shall have the right
<br />in its sole and absolute discretion to terminate this Agreement upon ninety (90) days' Notice to Landlord without
<br />penalty or further obligation to Landlord (or Landlord's affiliates, employees, officers, agents or lenders). If this
<br />Agreement is terminated, this Agreement shall be of no further force or effect (except as set forth to the contrary
<br />herein).
<br />3. Use, Access and Modifications to Tenant's Equipment.
<br />3.1 Tenant's Permitted Use. Landlord agrees that Tenant may use the Premises for the purpose of the
<br />installation, operation, maintenance and management of a telecommunications facility (including, without
<br />limitation, equipment designed to transmit and receive radio frequency signals), at the locations depicted and
<br />described in Exhibit B (collectively, "Tenant's Equipment"), which shall include the right to replace, repair, add, or
<br />Site Number: DNDEN00260D 3 Confidential & Proprietary
<br />Market: Denver Option Version: 1.0
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