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<br />SITE NAME: LouisvIDo Recreational Center
<br />SITE NUMBIlR: CO- DENI1l3
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<br />notice prior to such access, and Tenant has the right to have a representative of Tenant present during Landlord's
<br />access. Landlord shall have access immediately in response to a police, fire, medical or public safety emergency;
<br />provided Landlord shall notify Tenant of such access as soon as reasonably practicable under the circumstances.
<br />Except as may be otherwise permitted under this Agreement, Landlord shall not alter, damage, move, disrupt, turn
<br />off, adjust or otherwise affect or impair the continuous operation of the Tenant Facilities, and shall reimburse Tenant
<br />for any damage to the Tenant Facilities caused by Landlord, its agents, employees, or contractors.
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<br />7.5 As partial consideration for Rent paid under this Agreement, Landlord hereby grants Tenant
<br />an easement in. under and across the Property for ingress, egress, utilities and access to the Premises adequate to install
<br />and maintain utilities, which include, but are not limited to, the installation of power and telephone service cable, and to
<br />service the Premises and Tenant Facilitie:s at all times during the Initial Term of this Lease and any Renewal Term
<br />(collectively, the "Easements"). The Easements provided hereunder shall have the same term as this Lease. The location
<br />of such Easements shall be as designated by Landlord, and the Landlord may refuse to designate locations for new
<br />Easements if existing easements are adequate for ingress, egress, utilities or access. All utilities installed within an
<br />Easement designated by Landlord shall be located underground.
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<br />8. Interference.
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<br />8.1 Tenant shall operate the Tenant Facilities in compliance with all Federal Communications
<br />Commission ("FCC") requirements and all other applicable federal, state and local laws and,in a manner prohibiting
<br />interference to communications facilities of Landlord or other lessees or licensees of the Property, provided that the
<br />installation and operation of any such facilities predate the installation of the Tenant Facilities except as provided in
<br />Paragraph 8.6 below.
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<br />8.2 In the exercise of its rights pursuant to this Lease, Tenant shall not interfere with
<br />Landlord's uses of the Property or with the uses of the Property as a public recreation and senior center site, or with
<br />the rest of any City-owned properties at the southeast comer of McCaslin Boulevard and Via Appia for police
<br />building, public park and recreation, and other municipal purposes. Tenant further shall not damage or interfere with
<br />any of Landlord's installations, structure1i, utilities, or improvements on or under the Premises that predate Tenant's
<br />installations, or adjacent to the Premises irrespective of when installed. Tenant shall cease all such actions causing
<br />any damage or interference immediately upon notice from Landlord. Tenant shall be solely responsible for any such
<br />damages suffered by the Landlord as a result of Tenant's use and occupancy of the Premises.
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<br />8.3 Except as provided in Paragraph 8.6, below, subsequent to the installation of the Tenant
<br />Facilities, Landlord will not, and will not knowingly permit its lessees or licensees to, install new equipment on or
<br />make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if such
<br />modifications are likely to cause Physkal Interference (as defined below) with Tenant's operations. Prior to
<br />entering into any agreement with any other lessee or licensee for the installation or operation of radio frequency
<br />equipment (the "Carrier") on the Property or Landlord-owned property contiguous thereto, Landlord will provide
<br />Tenant or require the Carrier to provide: Tenant with a written notice ("Interference Waiver Request") listing the
<br />Carrier's frequencies, equipment specifications and equipment location to be installed, in order to allow Tenant to
<br />determine whether any RF Interference (as that term is defined herein) may result from the installation or operation
<br />of the Carrier's equipment ("Other Equipment"). Within fifteen (15) days after receipt of an Interference Waiver
<br />Request, Tenant shall provide to Landlord written notice of either (i) Tenant's approval of the Interference Waiver
<br />Request; or (ii) Tenant's request for changes or modifications to the Other Equipment, including any technical
<br />measures required to eliminate potential RF Interference. Landlord shall not permit the installation of any Other
<br />Equipment until the earlier of (i) receipt of Tenant's approval, or (ii) if no response, the expiration of the fifteen (15)
<br />days following Tenant's receipt of the Interference Waiver Request. Tenant's approval shall not be unreasonably
<br />delayed or withheld, and shall only be withheld or denied based on competent evidence demonstrating that RF
<br />Interference may result from the Other Equipment. In the event of disagreement regarding potential RF Interference,
<br />Landlord may require that a final determination regarding the same be made by a third-party expert reviewer selected
<br />in the sole discretion of the Landlord, with the costs thereof to be shared equally by Landlord and Tenant. Tenant
<br />shall work cooperatively with such Carrie:rs to resolve such RF Interference.
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<br />8.4 As used in this Paragraph 8, "RF Interference" shall mean any performance degradation,
<br />misinterpretation or loss of information to a radio communications system caused by unwanted energy emissions,
<br />radiations or inductions. "RF Interference" shall not include permissible interference as defined by the FCC. As
<br />used in this Paragraph 5, "Physical Inted'erence" shall mean any performance degradation, misinterpretation, or loss
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<br />Clelllwirv CQnununicalion Tower ~
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<br />..3-22.06
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