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3 <br />elect to not renew the Agreement for a third (3rd) Renewal Term upon one hundred eighty (180) <br />days’ notice to the other party prior to the end of the then current term. <br /> <br />5. Tenant’s Use . <br /> <br />(a) User Priority. Tenant agrees that the following priorities of use, in descending <br />order, shall apply in the event of communication interference or other conflict while this Lease is <br />in effect occurring on or adjacent to Landlord’s Property, and Tenant’s use shall be subordinate <br />accordingly: <br /> <br />1. Landlord; <br />2. Public safety agencies, including law enforcement, fire, and ambulance services, that <br />are not part of Landlord; <br />3. Other governmental agencies where use is not related to public safety; <br />4. Government-regulated entities whose antennas offer a service to the general public <br />for a fee, in a manner similar to a public utility, such as long distance, cellular <br />telephone, or data transmission, not including radio or television broadcasters, and <br />whose equipment was placed on the Water Tower prior to the commencement of the <br />Lease. <br /> <br />(b) Purposes. Tenant shall have the exclusive use of the Leased Premises only for the <br />purpose of installing, maintaining, and operating the Antenna Facilities for providing radio and <br />wireless telecommunication services which Tenant is legally authorized to provide to the public. <br />Tenant shall comply with all applicable ordinances, statutes, and regulations of local, state and <br />federal government agencies. Tenant’s use of any other portion of Landlord’s Property (including <br />that portion of the Water Tower not included in the identified “Leased Premises” shown in <br />Exhibit C) shall be non-exclusive and Landlord specifically reserves the right to allow such other <br />portions of its Property and the Water Tower to be used by other parties and to mak e additions, <br />deletions, or modifications to its own facilities located on its Property and the Water Tower. <br /> <br />(c) Utility Services . Tenant shall have the right to connect to, maintain, repair, <br />upgrade, remove, or replace utility services, and the equipment providing such utility services to <br />Tenant’s Antenna Facilities, as shown in Exhibit C provided that such work does not interfere <br />with the utility services of Landlord or of any other users of its Property or the Water Tower. <br />Tenant shall be responsible for all utility charges for services related to its Antenna Facilities, <br />and shall ensure that such utilities are separately metered. Landlord shall not unreasonably <br />interfere with Tenant obtaining such utility services as may be needed for its Antenna Facilities. <br /> <br />(d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and <br />maintain the Antenna Facilities on the Leased Premises in accordance with good engineering <br />practices, with all applicable FCC rules and regulations. Any damage done to the Leased Premises <br />or Landlord’s Property, including the Water Tower, during operations shall be repaired at Tenant’s <br />expense within sixty (60) days after notification of damage.