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<br />( <br /> <br />':.. <br /> <br />200511152 <br /> <br />(b) In connectio[l with the Site Compound, Lessee and/or Users shall have the right, <br />at their sole cost and expense, to obtain electrical and telephone service directly from the <br />servicing utility company, including the right to install a separate transfonner, meter and main <br />breaker, where required. Lessee or Users shall be respQ[lsibLe for the utilities consumed at the <br />Site CompoU[ld at the normal rate charged by the servicing utility company. Lessee and Lessor <br />agree that if an easement is required to obtain and maintain utility services. an easement will be <br />granted by Lessor at an acceptable location agreed to by Lessor and the servicing utility company. <br /> <br />(c) Lessee shall have the right to use whatever measures it deems reasonably <br />appropriate to install and secure the Site Compound on. the Premises. Lessor agrees ~o cooperate <br />with Lessee in making application for and obtaining, at Lessee's e.,'tpense, any loca~ state, federal <br />licenses, permits, and any other approvals (the "Approvals"), which may be required to allow <br />Lessee use of the Premises. Lessee sha.ll employ due diligence to obtain Approvals in a timely <br />manner. If. ljowever, Lessee is denied or is unable to obtain a required Approva~ Lessee shall <br />have the exclusive right to terminate this Ground Lease within its sole discretion. and uo further <br />liabilities under tIns Ground Lease shall remain. in force ~r effect, including but not limited to the <br />payment of Rent (as defined below). <br /> <br />(d) Lessor agrees to provide twenty-four (24) hours, seven (7) days a week access to <br />the Premises without charge to Lessee, or Lessee's employees, Users, contractors, subcontractors <br />or agents. which access shall remain unimpeded throughout the Term and any Renewa.l Term of <br />this Ground Lease. <br /> <br />(e) Lessor shall maintain any existing a.ccess roadway on the Property from the <br />nearest public roadway to the Premises in a maD.D~ that is sufficient for pedestrian and vehicular <br />access at all times. Lessor shall be responsible for ma.iDtaiDiug and repairing such roadway, at its <br />sole expense, with the exception of any damage'to roadway caused by Lessee or its agents or <br />Users. Lessee shall maintain and repair, at its sole cost and expense, any access roadway it creates <br />on the Property, with the exception of any damage to such roadway caused by Lessor or its <br />agents. <br /> <br />3. Site Test1ne;. Lessor acknowledges that Lessee. at its opticm. may. following full <br />execution of this Ground Lease and prior to the Commencement Date (as defined below), enter <br />the Property to perform engineering sUIVl:lYS. structural analysis reports, Phase I environmental <br />assessments, or any other testing or reports which may be required in order for Lessee to occupy <br />the Premises as described in this Ground Lease. Lessor a.grees to provide to Lessee, upon <br />request" such informa.tion a.s Lessor has in its possession or control regarding the Premises, <br />including title materials, leases, survey pmns, environmental assessments. or other reports and, <br />copies of permits and a.pprovals. .Any test results or reports that are unsatisfa.ctory to Lessee for <br />any reason will entitle Lessee, at its option, to terminate this Ground Lease, and no further <br />liabilities under this Ground Lease shnll remain in force or effect" including but not limited to the <br />payment of Rent (as defined below). <br /> <br />4. Interference and Competition. After the execution of this Ground Lease. <br />Lessor, its agents, lessees or licensees shall not install or permit the installation of any structure or <br />broadcasting equipment, or other communications equipment on the Property tmless authorized in <br />writing by Lessee. <br /> <br />PIlge2 <br /> <br />Site Name and number. Jnhnllln Cll!lh-W.y Lumbar CaJ#28 1..\11 <br />