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

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thereof, and hereby disclaims any personal knowledge with respect thereto, it being expressly understood by the parties that Lessee has personally inspected the Leased Premises, knows their condition, finds them fit for Lessee's intended use, accepts them as is, and has ascertained that they can be used for the limited purposes specified in Paragraph 4.01. 4.07 Protection Ai:ainst Interference. Lessor shall provide Lessee with notice of any proposed installation of communication antennas on the Emerald Lake Hills Water Tank Property. Such notice shall include technical information from the party proposing such installation which is sufficient for Lessee to determine whether the installation will interfere with Lessee's operation. Lessee shall advise Lessor within ten (10) days of receipt of such notice whether the proposed use will cause interference with Lessee's operation of the System. Lessor agrees that it will not grant a lease, license, or other rights to any party for use of the Emerald Lake Hills Water Tank Property, nor materially modify its use of the Emerald Lake Hills Water Tank Property, if such use would interfere with Lessee's operation of the System or diminish the superiority of Lessee's signal quality for the area serviced by the Cell Site. Any future agreements for use of the Emerald Lake Hills Water Tank Property which permit the installation of communications equipment shall be conditioned upon such users not interfering with the transmission or reception of Lessee's radio frequency signals, including, without limitation, the strength or quality of such signals. Lessee shall not be required to modify the Cell Site to prevent interference with any new communications use of the Emerald Lake Hills Water Tank Property so long as Lessee operates the Cell Site within its assigned frequencies and in compliance with all applicable FCC Rules and Regulations. 5. MAINTENANCE: REPAIRS: ALTERATIONS. Except as provided in Paragraph 5.03 below, Lessee shall keep in good order, condition, and repair the Leased Premises, and the improvements, facilities and equipment placed on the Leased Premises by Lessee, and every part thereof. Lessee shall maintain in good order and repair the structural portions of the Building in which Lessee's equipment is located. Lessee shall keep the Leased Premises clean and free of debris. Any and all actual costs of any repairs to Lessor's Emerald Lake Hills Water Tank Property occasioned by the activities of the Lessee shall be fully reimbursed by the Lessee. Lessor shall furnish Lessee with invoice(s) to include documentation verifying the costs associated with any such work and the Lessee shall make payment on said invoice(s) within thirty (30) days from the date of the invoice. 5.01 Surrender. On the last day of the term hereof, or upon any prior termination, Lessee shall surrender the Leased Premises, excluding all improvements made thereto by Lessee, to Lessor in the same condition as when received by Lessee, ordinary wear and tear excepted, clean and free of debris. Lessee shall remove all structures, buildings, microwave dishes, antennas, and 5. -..--.-----.''',- -- <_._-'~~,-,.,...~-,.,..",---