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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 Properly; <br /> provided however, that such relocation shall (l) be at LESSOR'S cost and expense which <br /> shall be limited to reasonable expenses of moving and te-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 /> LGSSEE'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 /> LESSF,E may relocate LESSEE'S Facilities. LESSEE shell 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 pari 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 /> <br /> T-MUBILLt: <br /> RIVERVIFW pgRK <br /> 25F-13 <br /> <br />