Agmt96 Bay Area Cellular Telephone Company-AKA Cingular and AT&T

Browse Search

denominator of which in the Beginning Index. In no case shall the monthly rental during any Extended Term be less than the rental in effect immediately prior to the Adjustment Date in question. Lessor shall notify Lessee of such adjustment by delivering or mailing a written statement setting forth the calculation of the adj ustment in rental. If the format or components of the Index shall be changed materially, or if the Index shall be discontinued after the date of this Lease, then Lessor shall substitute an index that is published by the U.S. Department of Labor, Bureau of Labor Statistics or similar agency and which index most nearly is equivalent to the Index in effect on the date of this Lease. Lessor shall notify Lessee of the substituted Index, which Index shall be used to calculate the adjustment to rental unless Lessee objects in writing with fifteen (15) days after its receipt of Lessor's notice. If Lessee objects, then the substitute Index shall be determined in accordance with the rules and regulation of the American Arbitration Association. The cost of such arbitration shall be borne as determined by the American Arbitration Association. 4. lLSL. 4.01 Permitted Uses. Lessee shall use the Leased Premises as one of Lessee's communications sites (a "Cell Site") comprising Lessee's system (the "System") for furnishing all cellular telephone, radio and telecommunications services to the public that Lessee is legally authorized to provide during the term of this Lease. A Cell Site is a site at which radio, telephone and communications equipment and antennas are installed and used to send and receive radio signals to and from cellular telephones and other radio devices and to connect those signals to radio, telephone or other communications facilities either directly, by means of cables, or indirectly, by means of transmitting and receiving facilities (including microwave antennas) located at the Cell Site. Lessee shall not use the Leased Premises for any other purposes without the written consent of Lessor. 4.02 Access. Lessor hereby grants to Lessee for the duration of this Lease, or any extensions thereof, a non-exclusive right of ingress and egress in and over the common areas at the Emerald Lake Hills Water Tank Property and the access road (the "Access Road") off "California Way" shown on Exhibit B as "California Way" to or from the Leased Premises (the "Access Areas"). The rights granted to Lessee herein are for the purpose of installing, constructing, maintaining, restoring, replacing, and operating Lessee's equipment located within or on the Leased Premises or such Access Areas, including, in the case of an emergency, the right to temporarily install a fuel powered electrical generator.. Such rights shall include the right of ingress and egress, twenty-four (24) hours per day, seven (7) days per week over such Access Areas for access to or from any of Lessee's equipment. 3. .' . _._.~....._.,... .".....--.-. -"-'~ ','_."-.-,.,,, .~.~...