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<br />SITE NAME: LouisviBc _tionaJ Center <br />SITE NUMBER: CO- DENI1I3 <br /> <br />of information to a radio communications system caused by physical structural barriers including, but not limited to, <br />walls, signage, metal frames or other structures or installations. <br /> <br />8.5 It is understood and agreed that Landlord is neither knowledgeable nor sophisticated in <br />the science and/or complexities of wirelc~s technology and is relying on the accuracy of the information and the <br />knowledge provided by Tenant, and by any third-party expert reviewers that may be retained pursuant hereto, <br />regarding Physical and RF Interference required in this Paragraph. Notwithstanding anything to the contrary <br />contained in this Lease, Landlord's sole obligation to Tenant respecting RF Interference shall be the procedural <br />obligations regarding RF Interference contained in Paragraph 8.3 of this Agreement. Other than such procedural <br />obligations to Tenant, Landlord shall have no responsibility or liability to Tenant, Carrier or any third party for any <br />claim, cause of action or other liabilities arising out of or as a result ofRF Interference or similar interference. <br /> <br />8.6 Tenant acknowledges that Landlord and/or its fire district and emergency service <br />providers (''Emergency Service Providers") operate, or may operate, on the Property and other Landlord-owned <br />property (including without limitation, the Louisville Police building parcel located at the southwest corner of <br />McCaslin Boulevard and Via Appia), radio, telecommunications, and other similar communications facilities and <br />equipment for the purpose of providing municipal services, including but not limited to fire, emergency, and public <br />safety services. Tenant acknowledges and agrees that Landlord's use and the Emergency Service Provider's use of <br />such radio, telecommunications, and other similar facilities and equipment shall be paramount and shall take <br />precedence over Tenant's use, whether the Landlord's or the Emergency Service Provider's equipment predates or <br />postdates the installation of the Tenant Facilities, and that Tenant's use of the Premises shall not cause RF <br />Interference or other interference with the: Landlord's or the Emergency Service Provider's facilities and equipment. <br />Landlord shall provide Tenant with written notice of any claim that the Tenant Facilities is the cause of RF <br />Interference or other interference to the Landlord's or the Emergency Service Provider's telecommunications, and <br />other similar communications facilities or equipment, or any of the Landlord's or the Emergency Service Provider's <br />radio frequency operations. Tenant shall investigate such claim of interference, working jointly, as may be required, <br />with Landlord and/or the affected Emergency Service Provider, and in the event that Tenant's use is the sole or a <br />contributing cause thereof, Tenant shall, at its own expense, eliminate such interference without modification to the <br />facilities of the Landlord or the affected Emergency Service Provider. In the event Tenant is unable to eliminate <br />such interference within thirty (30) days of being notified hereof, the Landlord at its option may terminate this <br />Agreement, and the Tenant shall not be entitled to any refund or abatement of any prepaid Rent or other payments. <br />No additional cure period shall apply to any termination under this Paragraph 8.6. <br /> <br />9. Taxes. Tenant acknowledges that Landlord's Property and improvements are exempt from <br />taxation. Tenant shall pay any personal property taxes, real property taxes and all other taxes, fees and assessments <br />assessed against, or any portion of such taxes which are solely and directly attributable to, the Tenant Facilities. <br /> <br />10. Termination: Right of Relocation. <br /> <br />10.1 This Agreement may be terminated without further liability on thirty (30) days prior <br />written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which <br />default is not cured within sixty (60) days: of receipt of written notice of default, except that this Agreement shall not <br />be terminated ifthe default cannot reasonably be cured within such sixty (60) day period and the defaulting party has <br />commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; <br />provided that the grace period for any monetary default is ten (10) days from receipt of written notice. This <br />Agreement may be terminated by Tenant without further liability for any reason or for no reason, provided Tenant <br />delivers written notice of termination to Landlord prior to the Term Commencement Date. <br /> <br />10.2 This Agreement may also be terminated by Landlord in its sole discretion if Landlord <br />determines to develop the Property in a manner that Landlord deems will be inconsistent with the continuation of this <br />Agreement. Landlord agrees that notice of any termination pursuant to this Paragraph 10.2 will be given at least one <br />(1) year in advance, and that Landlord may not exercise its right of termination pursuant to this Paragraph 10.2 prior <br />to expiration of the Initial Tenn. Landlord may also terminate this Lease if it determines in its reasonable discretion <br />that continued use of the Premises by Tenant is in fact a threat to health, safety or welfare or violates applicable laws <br />or ordinances. <br /> <br />10.3 This Agreement may also be terminated by Tenant without further liability on thirty (30) <br />days prior written notice (i) if Tenant is unable to reasonably obtain or maintain any certificate, license, permit, <br /> <br />Cleorwire C_ion Tower Apemenl <br /> <br />- s- <br /> <br />v.S-22-06 <br />