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(g) Tenant acknowledges that (i) Landlord operates, or may operate, on the Property and other City property <br />(including without limitation the Louisville Police Building parcel located at the southwest corner of McCaslin Blvd. and Via <br />Appia), radio, telecommunications, and other similar communications facilities and equipment for the purpose of providing <br />municipal services, including but not limited to public safety; and (ii) the fire district and emergency services providers (the <br />"Emergency Services Providers ") serving the City operate, or may operate, on property within the City, radio, <br />telecommunications, and other similar communications facilities and equipment for the purpose of providing fire, emergency, <br />and public safety services. Tenant acknowledges and agrees that Landlord's use, and the Emergency Services Providers' use, of <br />such radio, telecommunications, and other similar facilities and equipment shall be paramount and shall take precedence over <br />Tenant's use, whether the Landlord's or Emergency Services Providers' equipment predates or postdates the installation of the <br />Antenna Facilities, and that Tenant's use of the Premises shall not cause RF Interference or other interference with Landlord's or <br />Emergency Services Provider's facilities and equipment. Landlord shall provide Tenant with written notice of any claim that the <br />Antenna Facilities is the cause of RF Interference or other interference to Landlord's or Emergency Services Providers' <br />telecommunications, and other similar communications facilities or equipment, or any of Landlord's or Emergency Services <br />Provider's radio frequency operations. Tenant shall investigate such claim of interference, working jointly, as may be required, <br />with Landlord and /or the affected Emergency Services Provider, and in the event that Tenant's use is the sole or a contributing <br />cause thereof, Tenant shall, at its own expense eliminate such interference without modification to the facilities of the Landlord <br />or the affected Emergency Services Provider. In the event Tenant is unable to eliminate such interference within 30 days of <br />being notified thereof, then the Landlord at its option may terminate this Lease and Tenant shall not be entitled to any refund or <br />abatement of any portion of the signing bonus or any prepaid rents or other payments. No additional cure period shall apply to <br />any termination under this Section 6(g). <br />7. Improvements; Utilities; Access. <br />(a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal <br />property and facilities necessary to operate its communications system, including, without limitation, radio transmitting and <br />receiving antennas, microwave dishes, tower and base, equipment shelters and /or cabinets and related cables and utility lines and <br />a location based system, including, without limitation, antenna(s), coaxial cable, base units and other associated equipment <br />(collectively, the "Antenna Facilities "), as such location based system may be required by any county, state or federal <br />agency /department . Tenant shall have the right to alter, replace, expand, enhance and upgrade the Antenna Facilities at any <br />time during the term of this Lease. Tenant shall cause all construction to occur lien -free and in compliance with all applicable <br />laws and ordinances. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and <br />in a good and workmanlike manner and according to plans approved by Landlord pursuant to Section 7(b) herein. The Antenna <br />Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to remove the Antenna Facilities at any time <br />during and upon the expiration or termination of this Lease. <br />(b) Prior to commencement of construction of the Antenna Facilities and prior to any substantial alteration or <br />modification to the Antenna Facilities (excluding routine maintenance, repairs, the like -kind replacement of the Antenna <br />Facilities, or any modifications to the interior of the equipment shelter or items housed therein), Tenant shall submit copies of the <br />site plan and specifications to Landlord for prior approval, which approval will not be unreasonably withheld, conditioned, or <br />delayed. Landlord shall give such approval or provide Tenant with its requests for changes within ten (10) business days of <br />Landlord's receipt of Tenant's plans. Landlord shall approve or deny the plans within ten (10) days from the date Landlord <br />receives such plans for approval. In the event Landlord denies the plans, Landlord agrees to cooperate with Tenant by providing <br />comments and redlines regarding why the plans were denied and the necessary revisions required for the Landlord to approve <br />such Plans. Tenant shall have the right to re- submit revised plans for Landlord's approval under the terms as stated above. <br />Landlord reserves the right to receive additional consideration in exchange for giving its approval of any alterations or <br />modifications which increase the size or materially alter the appearance of the Antenna Facilities or increase the area of the <br />Premises occupied by Antenna Facilities. Notwithstanding anything herein to the contrary, Landlord shall have the right to <br />finally determine the location, architectural design and architectural materials for Tenant's operations building related to the <br />Antenna Facilities. <br />(c) Within thirty (30) days of completion of the installation of the Antenna Facilities, Tenant shall provide Landlord <br />with as-built drawings of all Antenna Facilities installed on the Premises and a list of all installed Antenna Facilities. To the extent <br />required by local law, ordinance or code, Tenant shall also install and maintain in connection with the installed Antenna Facilities, <br />marker posts for any underground facilities and markers in locations acceptable to Landlord listing current phone numbers to call for <br />line locates and 24 -hour emergency contacts. <br />(d) Tenant, at its expense, may construct a fence around the Antenna Facilities as a means of restricting access <br />thereto. Any such fence shall be subject to Landlord's review and approval, which approval will not be unreasonably withheld, <br />conditioned, or delayed. <br />(e) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the <br />Property in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty <br />Site Number: DNO <br />Site Name: <br />Market: Denver MTA <br />3 <br />Version 10 -2 -01 <br />