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Premises is no longer technically compatible for its intended use, LESSEE shall have the right to
<br />terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given
<br />to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the
<br />mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by
<br />the LESSOR. Upon such termination, this Agreement shall become null and void and all the
<br />Parties shall have no further obligations including the payment of money, to each other.
<br />9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's
<br />Facilities (defined below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans,
<br />which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall
<br />be issued by the City Manager or his/her designee. LESSOR shall give such approval or provide
<br />LESSEE with its requests for changes, which changes must comply with all applicable building
<br />codes, in writing within fifteen (15) working days of LESSOR's receipt of LESSEE's work
<br />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
<br />shall not be entitled to receive any additional consideration in exchange for giving its approval of
<br />LESSEE's plans. If the LESSOR disapproves the Plans then LESSEE will provide the LESSOR
<br />with revised plans, such revisions to be within LESSEE's reasonable discretion. In the event
<br />LESSOR disapproves of the plans upon a second (2nd) submission, LESSEE may terminate this
<br />Agreement. LESSOR will not knowingly permit or suffer any person to copy or utilize the plans
<br />for any purpose other than as provided in this Agreement and will return the plans to LESSEE
<br />promptly upon request. LESSEE maintains the right to perform routine maintenance, repairs,
<br />replacements and upgrades without LESSOR approval when no changes to the exterior
<br />appearance of LESSEE Facilities are made.
<br />10. USE/MAINTENANCE. LESSEE may use the Premises for any lawful activity in
<br />connection with the provisions of mobile/wireless con-miunications services, including without
<br />limitation, the transmission and the reception of radio communication signals on various
<br />frequencies and the construction, maintenance, and operation of related communications
<br />facilities. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and
<br />operate on the Premises radio communications facilities, including but not limited to, radio
<br />frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio
<br />frequency transmitting and receiving antennas and supporting structures and improvements
<br />("LESSEE's Facilities"). All improvements shall be at LESSEE's sole expense and the
<br />installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR
<br />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,
<br />alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to
<br />submit architectural and engineering drawings ('`P1ans") of the equipment to be installed.
<br />LESSEE agrees that the installation and maintenance of LESSEE's Facilities shall be effected
<br />with all reasonable diligence and precaution to avoid damage to the land property or personnel.
<br />Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may
<br />replace, substitute, upgrade and expand its equipment, cables and antennas which comprise
<br />LESSEE's Facilities for the purpose of repairing or upgrading the communications capabilities
<br />of LESSEE's Facilities, with notice to LESSOR, so long as the equipment, cables or antennas
<br />remain within the original physical parameters of the Premises. LESSEE shall not make any
<br />substantive physical and/or aesthetic change to the Premises without the prior approval of
<br />LESSOR which shall not be unreasonably v, ithheld, conditioned or delayed. Notwithstanding the
<br />foregoing, LLSSOR shall not be entitled to r.,,ceive any additional consideration in exchange for
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