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28. RELOCATION RIGHT. <br />A. Anytime within the initial term, LESSOR shall have the right to <br />cause LESSEE to relocate LESSEE'S Facilities to alternate space on the Property; <br />provided however, that such relocation shall (1) be at LESSOR's cost and expense which <br />shall be limited to reasonable expenses of moving and re-installing the tower structure <br />and accompanying equipment, including the cost of City permits and fees which <br />LESSOR may legally pay, (2) be performed by LESSEE or its agents, (3) not result in <br />any interruption of the communications service provided by LESSEE on the Property, <br />(4) not impair, or in any manner alter, the quality of communications service provided by <br />LESSEE on and from the Property, and (5) be done in accordance with subsections B and <br />C below. Upon relocation of LESSEE's Facilities, the access and utility rights of way <br />will be relocated as required, in the sole discretion of LESSOR, to operate and maintain <br />LESSEE'S Facilities. <br />B. LESSOR shall exercise its relocation right under subsection A <br />above by (and only by) delivering written notice (the "Notice") to LESSEE. In the <br />Notice, LESSOR shall propose an alternate site within or on the Property to which <br />LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the <br />date it receives the Notice to evaluate LESSOR'S proposed relocation site, during which <br />period LESSEE shall have the right to conduct tests to determine the technological <br />feasibility of the proposed relocation site. If LESSEE fails to disapprove of such <br />proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed <br />to have approved such proposed relocation site. If LESSEE disapproves such relocation <br />site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE <br />in the manner set forth above. Any relocation site which LESSOR and LESSEE agree <br />upon in writing shall be referred to as the "Relocation Site." LESSEE shall have up to <br />twelve (12) months after execution of a written agreement between the parties concerning <br />the location and dimensions of the Relocation Site to relocate LESSEE'S Facilities to the <br />Relocation Site. <br />Upon relocation of LESSEE's Facilities to the Relocation Site, all <br />references to the Premises herein shall be deemed to be references to the Relocation Site. <br />LESSOR and LESSEE agree that the Relocation Site (including the access and utility <br />right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and <br />such survey will then replace Exhibit "B" and become a part hereof and will control or <br />describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby <br />agree that in no event will the relocation of LESSEE'S Facilities, or any part thereof, <br />under subsection A above, affect, alter, modify or otherwise change any of the terms and <br />conditions of this Agreement. <br />C. Should the parties fail to agree on a suitable Relocation Site, <br />LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and <br />equipment, based on a ten-year lease period. <br />25C-15 <br />