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5. APPROVALS.
<br /> (a) Landlord agrees that Tenant's ability to use the Licensed Area is contingent upon the suitability
<br /> of the Licensed Area and Property for the Permitted Use and Tenant's ability to obtain and maintain all
<br /> Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to
<br /> obtain Government Approvals for the Permitted Use and agrees to reasonably assist "Tenant with such
<br /> applications and with obtaining and maintaining the Government Approvals.
<br /> (b) Tenant has the right to obtain a title report or commitment for a Icasehold title policy from a title
<br /> insurance company of its choice and to have the Property surveyed by a surveyor of its choice.
<br /> (c) Tenant may also perform and obtain,at Tenant's sole cost and expense,soil borings,percolation
<br /> tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the
<br /> Property, necessary to determine if Tenant's use of the Licensed Area will be compatible with Tenant's
<br /> engineering specifications,system,design,operations or Government Approvals.
<br /> b. TERMINATION. This Agreement may be terminated,without penalty or further liability,as follows:
<br /> (a) by either party on thirty(30)days prior written notice, if the other party remains in default under
<br /> Section 155 of this Agreement after the applicable cure periods;
<br /> (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any
<br /> required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental
<br /> authority necessary for the construction or operation of the Communication Facility as now or hereafter intended
<br /> by Tenant; or if Tenant determines, in its sole discretion that the cost of or delay in obtaining or retaining the
<br /> same is commercially unreasonable;
<br /> (c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to
<br /> the title report results or survey results,that the condition of the Licensed Area is unsatisfactory for its intended
<br /> uses;
<br /> (d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to
<br /> commencement of construction by Tenant; or
<br /> (e) by Tenant upon sixty(60) days' prior written notice to Landlord for any reason or no reason,so
<br /> long as Tenant pays Landlord a termination fee equal to three(3) months' License Fee, at the then-current rate,
<br /> provided,however,that no such termination fee will be payable on account of the termination of this Agreement
<br /> by Tenant under any termination provision contained in any other Section of this Agreement, including the
<br /> following Section 5 Approvals, Section 6(a)Termination, Section 6(b)Termination, Section 6(c)Termination,
<br /> Section 6(d)Termination,Section I I(d) Environmental, Section 08 Condemnation or Section 19 Casualty.
<br /> 7. INSURANCE. During the Term,Tenant will purchase and maintain in full force and effect such general
<br /> liability policy as Tenant may deem necessary.
<br /> otwl tan ing the
<br /> foregoing,Tenant shall have the right to self-insure such general liability coverage.
<br /> 8. INTERFERENCE.
<br /> (a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will
<br /> provide Tenant with a list of radio frequency user(s) and frequencies used on the Property as of the Effective
<br /> Date. Tenant warrants that its use of the Licensed Area will not interfere with those existing radio frequency
<br /> uses on the Property,as long as the existing radio frequency user(s)operate and continue to operate within their
<br /> respective frequencies and in accordance with all applicable laws and regulations.
<br /> (b) Landlord will not grant, after the Effective Date, a lease, license or any other right to any third
<br /> party,if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility,
<br /> the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing
<br /> prior to granting any third party the right to install and operate communications equipment on the Property.
<br /> (c) Landlord will not,nor will Landlord permit its employees,tenants, licensees, invitees,agents or
<br /> independent contractors to interfere in any way with the Communication Facility,the operations of Tenant or the
<br /> rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four(24)
<br /> hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within
<br /> 100159764-5) 3 1Vatrsno Village EW)Und License Agmxn,sa(001591W-i]_Clrni_Of.W.'_2
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