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of any :Antenna Facilities on the Landlord agrees to earmark an amount - equal to such payment fora skate park
<br />or other. City -owned improveme :on the City's Property:
<br />5. Renewal; Holding Over. Tenant shall have the right to extend this Lease for five (5) additional, five -year terms
<br />(each a "Renewal Term "). Each Renewal Term shall be on the same terms and conditions as set forth herein, except that Rent
<br />shall be increased by ten percent (10 %) of the Rent paid over the preceding term. This Lease shall automatically renew for each
<br />successive Renewal Term unless otherwise terminated as provided herein or unless Tenant notifies Landlord, in writing, of
<br />Tenant's intention not to renew this Lease, at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term.
<br />If Tenant shall remain in possession of the Premises at the expiration or termination of this Lease or any Renewal Term without a
<br />written agreement, such tenancy shall be deemed a month -to -month tenancy under the same terms and conditions of this Lease,
<br />except that the rent paid for each such month shall be 150 percent (150 %) of the rent paid for the month immediately preceding
<br />the commencement of such holding over.
<br />6. Interference.
<br />(a) Tenant shall operate its Antenna Facilities in compliance with all Federal Communications Commission
<br />( "FCC") requirements and all other applicable federal, state and local laws, and in a manner that will not cause interference to
<br />other lessees or licensees of the Property, provided that any such installations predate that of the Antenna Facilities.
<br />(b) In the exercise of its rights pursuant to this Lease, Tenant shall not interfere with Landlord's uses of the
<br />Property, with the uses of the Property as a public recreation and senior center and site, or with the uses of any City -owned
<br />properties at the southeast corner of McCaslin Boulevard and Via Appia for police building, public park and recreation, and
<br />other public or municipal purposes. Tenant further shall not damage or interfere with any of Landlord's installations, structures,
<br />utilities, or improvements on or under the Premises that pre -date Tenant's installations, or adjacent to the Premises irrespective of
<br />when installed. Tenant shall cease all such actions causing any damage or interference immediately upon notice from Landlord.
<br />Tenant shall be solely responsible for any such damages suffered, by the City as a result of Tenant's use and occupancy of the
<br />Premises.
<br />(c) Except as provided in Section 6(g), below, subsequent to the installation of the Antenna Facilities, Landlord
<br />will not, and will not knowingly permit its lessees or licensees to, install new equipment on or make any alterations to the
<br />Property or property contiguous thereto owned by Landlord, if such modifications are likely to cause "Physical Interference" (as
<br />defined below) with Tenant's operations. Prior to entering into any agreement with any other lessee or licensee for the
<br />installation or operation of radio frequency equipment on the Property or Landlord -owned property contiguous thereto (the
<br />"Other Wireless Tenant "), Landlord will provide Tenant or require the Other Wireless Tenant to provide Tenant with a written
<br />notice ( "Interference Waiver Request ") listing the Other Wireless Tenant's frequencies, equipment specifications and equipment
<br />location to be installed, in order to allow Tenant to determine whether any RF Interference (as that term is defined herein) may
<br />result from the installation or operation of the Other Wireless Tenant's equipment ( "Other Equipment "). Within 15 days after
<br />receipt of an Interference Waiver Request, Tenant shall provide to Landlord written notice of either (i) Tenant's approval of the
<br />Interference Waiver Request; or (ii) Tenant's request for changes or modifications to the Other Equipment, including any
<br />technical 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 15 days after Tenant
<br />receives the Interference Waiver Request. Tenant's approval shall not be unreasonably delayed or withheld, and shall only be
<br />withheld or denied based on competent evidence demonstrating that RF Interference may result from the Other Equipment. In
<br />the event of disagreement regarding potential RF Interference, Landlord may require that a final determination regarding same be
<br />made by a third -party expert reviewer selected pursuant to Section 17.42.100.D of the Louisville Municipal Code, with the costs
<br />thereof to be shared equally by Landlord and Tenant. Tenant shall work cooperatively with such Other Wireless Tenant to
<br />resolve such RF Interference.
<br />(d) As used in this Section 6, "RF Interference" shall mean any performance degradation, misinterpretation or
<br />loss of information to a radio communications system caused by, unwanted energy emissions, radiations or inductions. "RF
<br />Interference" shall not include permissible interference as defined by the FCC.
<br />(0 It is understood and agreed that Landlord is neither knowledgeable nor sophisticated in the science and /or ,
<br />complexities of wireless technology and is relying on the accuracy of the information and the knowledge provided by Tenant, and
<br />by any third -party expert reviewers that may be retained pursuant hereto, regarding Physical and RF Interference required in this
<br />Section. Notwithstanding anything to the contrary contained in this Lease, Landlord's sole obligation to Tenant respecting RF
<br />Interference shall be the procedural obligations regarding RF Interference contained in Section 6(c) of this Lease. Other than
<br />such procedural obligations to Tenant, Landlord shall have no responsibility or liability to Tenant, Other Wireless Tenant or any
<br />third party for any claim, cause of action or other liabilities arising out of or as a result of RF Interference or similar interference.
<br />(e) As used in this Section 6, "Physical Interference" shall mean any performance degradation, misinterpretation,
<br />or loss 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.
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<br />Market: Denver MTA
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