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[Signature Page Follows] Memorandum of Water Tower Lease Agreement 2 NE07 Bosselman 201602040 along a sixteen foot (16') wide right-of-way extending from the nearest public right-of-way, W Wood River Road, to the Land Space; and together with any further rights of way (the "Further Rights of Way ") over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further Rights of Way, if any, are substantially described in Exhibit "A ", attached hereto and made a part hereof demised premises and are collectively referred to hereinafter as the "Premises ". In the event any public utility isunable to use the Right of Way or Further Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way(s) either to the LESSEE or to the public utility at no cost to the LESSEE. 3. The Commencement Date of the Agreement, of which this is a Memorandum, is set forth in the Agreement. 4. The terms, covenants and provisions of the Agreement, the terms of which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of LESSOR and LESSEE.