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<br /> (i) Six (6) months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion
<br /> determines that LESSEE's continued tenancy is not in conformity with LESSOR's intended use of the Property,
<br /> LESSOR shall provide written notice to LESSEE that the Lease will not be extended.
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<br /> (ii) Thereafter, each subsequent renewal shall be subject to the following procedure: If LESSEE
<br /> determines that it desires to extend the tercet LESSEE shall provide written notice six (6) months prior to the end of
<br /> the then-current term. Within sixty (60) days of receipt of LESSEE's notice, LESSOR shall determine whether such
<br /> extension is in LESSOR's best interest and, if not in LESSOR's interest, LESSOR shall deny such extension
<br /> request.
<br /> If LESSOR does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal
<br /> Term. If neither party provides notice as set forth above, the lease shall continue on a month-to-month basis.
<br /> GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the
<br /> Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the
<br /> "Governmental Approvals") that may be required by any Federal, State or local authorities as well as satisfactory
<br /> soil boring tests which will permit LESSEE's use of the Premises as set forth herein. LESSOR shall cooperate with
<br /> LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the
<br /> Property with respect to the proposed use by LESSEE.
<br /> Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the
<br /> Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable)
<br /> and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE's
<br /> Facilities (defined below) and for the purpose of preparing for the construction of LESSEE's Facilities. In the event
<br /> that any of such applications for such Governmental Approvals should be finally rejected or any Governmental
<br /> Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the
<br /> governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the
<br /> Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for
<br /> its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right
<br /> to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective
<br /> upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the
<br /> LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no
<br /> further obligations including the payment of money, to each other.
<br /> 9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's Facilities (defined
<br /> below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be
<br /> unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her
<br /> designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must
<br /> comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR's receipt of
<br /> LESSEE's work plans. If LESSEE does not receive such approval or request for changes in writing within such
<br /> fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be
<br /> entitled to receive any additional consideration in exchange for giving its approval of LESSEE's plans.
<br /> 10. USE84AINTENANCE. LESSEE may use the Premises for any lawful activity in connection with
<br /> the provisions of mobile/wireless communications services, including without limitation, the transmission and the
<br /> reception of radio communication signals on various frequencies and the construction, maintenance, and operation
<br /> of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain, install,
<br /> repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency
<br /> transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and
<br /> receiving antennas and supporting structures and improvements ("LESSEE's Facilities'). All improvements shall
<br /> be at LESSEE's sole expense and the installation of all improvements shall be at the discretion and option of
<br /> LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said
<br /> approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or
<br /> improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings
<br /> ("Plans") of the ui ment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's
<br /> Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or
<br /> personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace,
<br /> substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE's Facilities for the
<br /> purpose of repairing or upgrading the communications capabilities of LESSEE's Facilities, with notice to LESSOR,
<br /> Site LA3383 B 2
<br /> Site Name: Delhi Park
<br /> Date: 06/18/2010
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