Common use of By Lessor Clause in Contracts

By Lessor. Subject to the rights elsewhere granted to Lessee in this Lease and with prior notice to Lessee and no loss of service or interruption (beyond a temporary, non- recurring and de minimis amount), Lessor reserves the right to use the Tower, at its own expense, as it sees fit and to fasten additional equipment to the Tower for any purpose, including the right to install transmitting and/or receiving antennas of others; provided that Lessor shall use reasonable efforts to restrict any loss of Lessee's service or interruption pursuant to this Section 3.02(a) to the hours of 1:00 a.m. to 5:00 a.m. Subject to the rights elsewhere granted to Lessee in this Lease, Lessor shall have the right to use for itself or lease to others the remainder of the Tower Site or use of any of the improvements thereon, space on the Tower or in any building constructed by Lessor for any purpose, including, but not limited to, any kind of broadcasting or communication, simultaneous transmissions on AM, FM, SSB, VBIF, UHF, and/or microwave frequencies, and all rental revenues received therefrom shall belong exclusively to Lessor. Prior to permitting the fastening of a material amount of additional equipment, Lessor shall cause a structural analysis of the Tower to be conducted by a reputable mechanical consultant chosen by Lessor in order to ensure that any such additions conform to recognized engineering standards. Except as expressly provided for herein, Lessor shall have no liability for any action or omission taken in exercise of its rights hereunder upon reasonable reliance on recommendation of its engineering personnel. Subject to the terms of this Lease, Lessor also reserves the right to erect one (1) or more additional towers on the Tower Site. Term. ---- Term. This Lease shall have a term of twenty (20) years from the Commencement Date established in Paragraph 1.01 hereof.

By Lessor. Subject to the rights elsewhere granted to Lessee The interest of Lessor in this Lease and with prior notice in and to Lessee and no loss of service the Property or interruption (beyond a temporary, non- recurring and de minimis amount), Lessor reserves the right to use the Towerany part thereof may, at any time and from time to time, be sold, conveyed, assigned or otherwise transferred in compliance with Section 45 hereof, without the prior written consent of Lessee, and upon any such sale or conveyance of the Property as an entirety or any such assignment or other transfer (other than for the purpose of securing indebtedness) by any party Lessor of its own expense, as it sees fit interest in this Lease and in and to fasten additional equipment the Property, such party Lessor shall be completely relieved of and from any and all obligations not theretofore accrued under this Lease or otherwise with respect to the Tower for any purpose, including the right to install transmitting and/or receiving antennas of others; provided that Lessor shall use reasonable efforts to restrict any loss of Lessee's service or interruption pursuant to this Section 3.02(a) to the hours of 1:00 a.m. to 5:00 a.m. Subject to the rights elsewhere granted to Lessee in this Lease, Lessor shall have the right to use for itself or lease to others the remainder of the Tower Site or use of any of the improvements thereon, space on the Tower or in any building constructed by Lessor for any purpose, including, but not limited to, any kind of broadcasting or communication, simultaneous transmissions on AM, FM, SSB, VBIF, UHF, and/or microwave frequenciesProperty, and all rental revenues received therefrom shall belong exclusively to Lessor. Prior to permitting the fastening of a material amount of additional equipment, Lessor shall cause a structural analysis of the Tower to be conducted by a reputable mechanical consultant chosen by Lessor in order to ensure that any such additions conform to recognized engineering standards. Except as expressly provided for herein, party Lessor shall have no liability further obligations whatsoever to any party Lessee, except to the extent that any such obligation accrued prior to the date of such sale, conveyance, assignment or transfer, and Lessee shall thereupon look only to the then owner of Lessor's estate in the Property for the performance of any action obligations of Lessor hereunder. Lessor may also from time to time mortgage or omission taken assign, by way of pledge or otherwise, any or all of the rights, in exercise whole or in part, of its rights hereunder upon reasonable reliance on recommendation Lessor under this Lease or in the Property to any Person as security for the indebtedness or other obligations of its engineering personnelLessor. Subject From and after any such mortgage or assignment and to the extent provided in the instrument effecting such mortgage or assignment, (a) such Mortgagee may enforce any and all of the terms of this LeaseLease to the extent so assigned as though such Mortgagee had been a party hereto, Lessor also reserves the right (b) after Lessee shall receive notice of such assignment, no action or failure to erect one (1) or more additional towers act on the Tower Site. Term. ---- Term. This Lease part of Lessor shall adversely affect or limit any rights of such Mortgagee, (c) no such assignment shall constitute an assumption of any such obligations on the part of such Mortgagee, and (d) a copy of all notices, demands, consents, approvals and other instruments given by Lessee hereunder shall also be delivered to such Mortgagee, if such Mortgagee shall have a term provided Lessee with written notice of twenty (20) years from the Commencement Date established in Paragraph 1.01 hereofits address for such purposes.

By Lessor. Subject to the rights elsewhere granted to Lessee in this Lease and with prior notice to Lessee and no loss of service or interruption (beyond a temporary, non- recurring and de minimis amount), Lessor reserves the right to use the Towermay, at its own expenseany time, as it sees fit without notice to, or the consent of, Lessee sell, assign or transfer or grant a security interest in all or any part of Lessor's rights, obligations, title or interest in, to and to fasten additional equipment to under the Tower for Equipment or any purposeItem(s) thereof, including the right to install transmitting and/or receiving antennas of others; provided that Lessor shall use reasonable efforts to restrict any loss of Lessee's service or interruption pursuant to this Section 3.02(a) to the hours of 1:00 a.m. to 5:00 a.m. Subject to the rights elsewhere granted to Lessee in this Lease, any Lease Supplement and/or any Rent and Supplemental Payments payable under this Lease or any Lease Supplement. Any entity to whom any such sale, assignment, transfer or grant of security interest is made is herein called an "Assignee" and any such sale, assignment, transfer or grant of security interest is herein called an "assignment". An Assignee may re-assign and/or grant a security interest in any of such rights, obligations, title or interest assigned to such Assignee. Lessee agrees to execute related acknowledgments and other documents that may be reasonably requested by Lessor or an Assignee. Each Assignee shall have the right to use for itself or lease to others the remainder and may enforce all of the Tower Site or use rights and benefits of any Lessor hereunder with respect to the Item(s) of Equipment and related Lease Supplement(s) covered by the improvements thereon, space on the Tower or in any building constructed by Lessor for any purposeassignment, including, but not limited towithout limitation, any kind the provisions of broadcasting or communication, simultaneous transmissions on AM, FM, SSB, VBIF, UHF, and/or microwave frequencies, Section 8 hereof and all rental revenues received therefrom shall belong exclusively to LessorLessee's representations and warranties under Section 21 hereof. Prior to permitting the fastening of a material amount of additional equipment, Lessor shall cause a structural analysis of the Tower to be conducted by a reputable mechanical consultant chosen by Lessor in order to ensure Lessee acknowledges that any such additions conform assignment will not materially change its duties or materially increase its burdens or risks hereunder. Each such assignment shall be subject to recognized engineering standards. Except as expressly provided for herein, Lessor shall have no liability for any action or omission taken in exercise of its Lessee's rights hereunder upon reasonable reliance on recommendation so long as no Event of its engineering personnel. Subject to the terms of this LeaseDefault has occurred and is continuing hereunder and in no event shall there be more than two (2) Assignees (or, Lessor also reserves the right to erect one (1) Assignee, together with Lessor) at any one time during the term of this Lease. Lessee shall be under no obligation to any Assignee except upon written notice of such assignment from Lessor or, in the case of a reassignment, from the Assignee. Upon written notice to Lessee of an assignment, Lessee agrees to pay the Rent and Supplemental Payments with respect to the Item(s) of Equipment covered by such assignment to such Assignee in accordance with the instructions specified in such notice without any abatement, defense, setoff, counterclaim or more additional towers on recoupment whatsoever, and to otherwise comply with all notices, directions and demands which may be given by Lessor or such Assignee with respect to such Item(s), in accordance with the Tower Siteprovisions of this Lease. Term. ---- Term. This Notwithstanding any such assignment, all obligations of Lessor to Lessee under this Lease shall have a term of twenty (20) years from the Commencement Date established in Paragraph 1.01 hereofbe and remain enforceable by Lessee against Lessor and any Assignee to whom an assignment has been made.

By Lessor. Subject All rights of Lessor hereunder or to the Equipment may be sold, assigned, pledged, mortgaged or otherwise transferred, either in whole or in part, without notice to Lessee but always, however, subject to the rights elsewhere granted to of Lessee in under this Lease. If Lessor sells the Equipment or assigns this Lease and with prior notice or the Rent due or to Lessee and no loss of service become due hereunder or interruption (beyond a temporaryany other interest herein, non- recurring and de minimis amount), Lessor reserves the right to use the Tower, at its own expense, whether as it sees fit and to fasten additional equipment to the Tower security for any purposeof its indebtedness or otherwise, including the right to install transmitting and/or receiving antennas of others; provided that no breach or default by Lessor shall use reasonable efforts to restrict any loss of Lessee's service hereunder or interruption pursuant to this Section 3.02(a) to the hours of 1:00 a.m. to 5:00 a.m. Subject to the rights elsewhere granted to any other agreement between Lessor and Lessee, should there be one, shall excuse performance by Lessee in this Lease, Lessor shall have the right to use for itself or lease to others the remainder of the Tower Site or use of any of the improvements thereonprovision hereof. No such vendee or assignee (each an "Assignee") shall be obligated to perform any duty, space on the Tower covenant or in any building constructed condition required to be performed by Lessor for any purpose, including, but not limited to, any kind of broadcasting or communication, simultaneous transmissions on AM, FM, SSB, VBIF, UHF, and/or microwave frequencies, and all rental revenues received therefrom shall belong exclusively to Lessor. Prior to permitting the fastening of a material amount of additional equipment, Lessor shall cause a structural analysis of the Tower to be conducted by a reputable mechanical consultant chosen by Lessor in order to ensure that any such additions conform to recognized engineering standards. Except as expressly provided for herein, Lessor shall have no liability for any action or omission taken in exercise of its rights hereunder upon reasonable reliance on recommendation of its engineering personnel. Subject to under the terms of this Lease; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any Assignee unless such Assignee agrees in writing not to disturb Lessee's quiet enjoyment of the Equipment while no Event of Default has occurred. Lessee acknowledges that any such sale, Lessor also reserves assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the right burdens imposed upon Lessee. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to erect one the benefit of the provisions of this Lease. Lessee agrees to acknowledge any such assignment within five (15) or more additional towers on days of receipt of written request to do so in the Tower Siteform requested by Lessor. TermLESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSE, COUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, AND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOING. ---- Term. This Lease shall have a term of twenty (20) years from the Commencement Date established in Paragraph 1.01 hereofNOTHING HEREIN SHALL PREVENT LESSEE FROM ASSERTING ANY DEFENSE OR CLAIM DIRECTLY AGAINST LESSOR FOR ACTUAL DAMAGES.

By Lessor. Subject Lessor may, at any time, (i) without notice to, or the consent of, Lessee sell, assign, transfer or grant a security interest in all or any part of Lessor's rights, obligations, title or interest in, to and under the Equipment or any Item(s) thereof, this Lease, any Lease Supplement and/or any Rent and Supplemental Payments payable under this Lease or any Lease Supplement to a commercial banking institution or any wholly owned subsidiary or affiliate thereof; and (ii) with the prior written consent of Lessee which shall not be unreasonably withheld, to any other Person. Any entity to whom any such sale, assignment, transfer or grant of security interest is made is herein called an "Assignee" and any such sale, assignment, transfer or grant of security interest is herein called an "assignment". An Assignee may re-assign and/or grant a security interest in any of such rights, obligations, title or interest assigned to such Assignee. Lessee agrees to execute related acknowledgments and other documents that may be reasonably requested by Lessor or an Assignee. Each Assignee shall have and may enforce all of the rights and benefits of Lessor hereunder with respect to the Item(s) of Equipment and related Lease Supplement(s) covered by the assignment, including, without limitation, the provisions of Section 8 hereof and Lessee's representations and warranties under Section 21 hereof. Each such assignment shall be subject to Lessee's rights elsewhere granted hereunder. Lessee shall be under no obligation to Lessee any Assignee except upon written notice of such assignment from Lessor or, in this Lease and with prior the case of a reassignment, from Assignee. Upon written notice to Lessee of an assignment, Lessee agrees to pay the Rent and no loss of service or interruption (beyond a temporary, non- recurring and de minimis amount), Lessor reserves the right to use the Tower, at its own expense, as it sees fit and to fasten additional equipment Supplemental Payments with respect to the Tower for any purpose, including Item(s) of Equipment covered by such assignment to such Assignee in accordance with the right to install transmitting and/or receiving antennas of others; provided that Lessor shall use reasonable efforts to restrict any loss of Lessee's service or interruption pursuant to this Section 3.02(a) to the hours of 1:00 a.m. to 5:00 a.m. Subject to the rights elsewhere granted to Lessee instructions specified in this Lease, Lessor shall have the right to use for itself or lease to others the remainder of the Tower Site or use of any of the improvements thereon, space on the Tower or such notice (which in any building constructed by Lessor for any purpose, including, but not limited to, any kind of broadcasting or communication, simultaneous transmissions on AM, FM, SSB, VBIF, UHF, and/or microwave frequencies, and all rental revenues received therefrom shall belong exclusively to Lessor. Prior to permitting the fastening of a material amount of additional equipment, Lessor shall cause a structural analysis of the Tower to events must be conducted by a reputable mechanical consultant chosen by Lessor in order to ensure that any such additions conform to recognized engineering standards. Except as expressly provided for herein, Lessor shall have no liability for any action or omission taken in exercise of its rights hereunder upon reasonable reliance on recommendation of its engineering personnel. Subject to consistent with the terms of this Lease) without any abatement, defense, setoff, counterclaim or recoupment whatsoever, and to otherwise comply with all notices, directions and demands which may be given by Lessor also reserves or such Assignee with respect to such Item(s), in accordance with the right provisions of this Lease. Notwithstanding any such assignment, all obligations of Lessor to erect one (1) or more additional towers on the Tower Site. Term. ---- Term. This Lessee under this Lease shall have a term of twenty (20) years from the Commencement Date established in Paragraph 1.01 hereofbe and remain enforceable by Lessee against Lessor and any Assignee to whom an assignment has been made.

By Lessor. Subject All rights of Lessor hereunder or to the Equipment may be sold, assigned, pledged, mortgaged, or otherwise transferred, either in whole or in part, without notice to Lessee but always, however, subject to the rights elsewhere granted to of Lessee in under this Lease. If Lessor sells the Equipment or assigns this Lease and with prior notice or the Rent due or to Lessee and no loss of service become due hereunder or interruption (beyond a temporaryany other interest herein, non- recurring and de minimis amount), Lessor reserves the right to use the Tower, at its own expense, whether as it sees fit and to fasten additional equipment to the Tower security for any purposeof its indebtedness or otherwise, including the right to install transmitting and/or receiving antennas of others; provided that no breach or default by Lessor shall use reasonable efforts to restrict any loss of Lessee's service hereunder or interruption pursuant to this Section 3.02(a) to the hours of 1:00 a.m. to 5:00 a.m. Subject to the rights elsewhere granted to any other agreement between Lessor and Lessee, should there be one, shall excuse performance by Lessee in this Lease, Lessor shall have the right to use for itself or lease to others the remainder of the Tower Site or use of any of the improvements thereonprovision hereof. No such vendee or assignee (each an "Assignee") shall be obligated to perform any duty, space on the Tower covenant or in any building constructed condition required to be performed by Lessor for any purpose, including, but not limited to, any kind of broadcasting or communication, simultaneous transmissions on AM, FM, SSB, VBIF, UHF, and/or microwave frequencies, and all rental revenues received therefrom shall belong exclusively to Lessor. Prior to permitting the fastening of a material amount of additional equipment, Lessor shall cause a structural analysis of the Tower to be conducted by a reputable mechanical consultant chosen by Lessor in order to ensure that any such additions conform to recognized engineering standards. Except as expressly provided for herein, Lessor shall have no liability for any action or omission taken in exercise of its rights hereunder upon reasonable reliance on recommendation of its engineering personnel. Subject to under the terms of this Lease; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any Assignee unless such Assignee agrees in writing not to disturb Lessee's quiet enjoyment of the Equipment while no Event of Default has occurred. Lessee acknowledged that any such sale, Lessor also reserves assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the right burdens imposed Lessee. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to erect one the benefit of the provisions of this Lease. Lessee agrees to acknowledge any such assignment within five (15) or more additional towers on days of receipt of written request to do so in the Tower Siteform requested by Lessor. Term. ---- Term. This Lease shall have a term of twenty (20) years from the Commencement Date established in Paragraph 1.01 hereofLESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSE, COUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, AND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOING.

By Lessor. Subject Without Lessee's prior consent, Lessor may at any time (i) assign, sell or transfer, in whole or in part, Lessor's right, title and interest in, to and under this Agreement, the other Transaction Documents and the other related documents, instruments and agreements, including without limitation the right to receive any or all Payments payable under this Agreement, the other Transaction Documents and the other related documents, instruments and agreements with respect to the rights elsewhere granted Properties, to Lessee any Affiliate of Lessor and (ii) sell or transfer all of Lessor's right, title and interest in this Lease and to the Properties to any Affiliate of Lessor. Except as otherwise provided in the preceding sentence, with Lessee's prior notice to Lessee and no loss of service or interruption written consent (beyond a temporary, non- recurring and de minimis amountwhich consent shall not be unreasonably withheld), Lessor reserves may at any time (i) assign, sell or transfer, in whole or in part, Lessor's right, title and interest in, to and under this Agreement, the other Transaction Documents and the other related documents, instruments and agreements, including without limitation the right to use receive any or all Payments payable under this Agreement, the Towerother Transaction Documents and the other related documents, at its own expenseinstruments and agreements with respect to the Properties, as it sees fit to any Person, and (ii) sell or transfer all of Lessor's right, title and interest in and to fasten additional equipment the Properties to any Person. Each such Assignee shall have all of Lessor's right, title and interest hereunder to the Tower for any purposeextent that the same relate to the interest of the Assignee covered by the assignment, including without limitation: the right to install transmitting and/or receiving antennas receive such Assignee's portion of othersthe Basic Payments payable for the Properties for all Basic Payment Periods commencing on or after the date of such assignment; provided that Lessor shall use reasonable efforts to restrict any loss of Lessee's service or interruption pursuant to this Section 3.02(a) to the hours of 1:00 a.m. to 5:00 a.m. Subject to the rights elsewhere granted to Lessee in this Lease, Lessor shall have the right to use for itself or lease to others the remainder receive such Assignee's portion of the Tower Site Supplemental Payments which are payable as a result of acts or use events which occur on or after the date of any of such assignment; and the improvements thereonright to enforce, space on the Tower either in such Assignee's name or in any building constructed by Lessor for any purpose, includingLessor's name, but not limited to, any kind of broadcasting without cost or communication, simultaneous transmissions on AM, FM, SSB, VBIF, UHF, and/or microwave frequencies, and all rental revenues received therefrom shall belong exclusively expense to Lessor, all of Lessor's rights hereunder assigned to such Assignee. Prior to permitting the fastening Such Assignee may re-assign all or a portion of a material amount of additional equipmentsuch right, Lessor shall cause a structural analysis of the Tower to be conducted by a reputable mechanical consultant chosen by Lessor in order to ensure title and interest, provided that any such additions conform re-assignment shall be subject to recognized engineering standardsthe same terms and conditions set forth in this Section. Except as expressly provided for herein, Lessor Any assignment or re-assignment shall have no liability for any action or omission taken in exercise of its be subject to Lessee's rights hereunder so long as no Event of Default has occurred and is continuing hereunder. Lessee shall be under no obligation to any Assignee except upon reasonable reliance on recommendation written notice of its engineering personnelsuch assignment from Lessor. Subject Upon written notice from Lessor to Lessee of such assignment, Lessee agrees to pay the Basic Payments and Supplemental Payments to the Assignee, as the case may be, in accordance with the terms of this LeaseAgreement supplemented by the instructions specified in such notice, to give all notices which are required or permitted to be given by Lessee to Lessor hereunder to the Person(s) specified to receive the same in such written notice of assignment and to otherwise comply with all reasonable notices, directions and demands which may be given by such Assignee in accordance with the provisions of this Agreement. Lessee agrees to deliver to any Assignee an acknowledgment of the assignment [together with an opinion of counsel to Lessee regarding the validity and enforceability of this Agreement against Lessee, incumbency certificate of Lessee and such authorizing resolutions as such Assignee may reasonably request; provided, however, all out of pocket fees and expenses incurred by Lessee in connection with the production or delivery of the foregoing documents referenced previously in this sentence shall be for the account of Lessor or such Assignee, as agreed to by such parties. In addition to the foregoing, with respect to any subsequent leveraging of the transaction evidenced by the Transaction Documents, Lessor also reserves at any time and from time to time may (A) without Lessee's consent, collaterally assign, grant a security interest in and/or mortgage to any Affiliate of Lessor in whole or in part Lessor's right, title and interest in, to and under the right documents, rights, Properties and other items referenced above in Section 14(b)(i) and (b)(ii) and (B) with Lessee's prior written consent (which consents shall not be unreasonably withheld), collaterally assign, grant a security interest in and/or mortgage to erect one any other Person in whole or in part Lessor's right, title and interest in, to and under the documents, rights, Properties and other items referenced above in Section 14(b)(i) and (1b)(ii). Lessee agrees to observe the terms and conditions of the documentation regarding any such collateral assignment, grant of a security interest and/or mortgage (to the extent the right, title and interest of Lessee under the Transaction Documents and with respect to the Properties are not materially and adversely affected), including without limitation the provision of notices to any collateral assignee or secured party and (regarding the insurance coverages required pursuant to Section 17 hereof) the addition of such collateral assignee or more secured party as a loss payee and additional towers on the Tower Site. Term. ---- Term. This Lease shall have a term of twenty (20) years from the Commencement Date established in Paragraph 1.01 hereofinsured as reasonably requested by Lessor and such collateral assignee.

By Lessor. Subject All rights of Lessor hereunder or to the Equipment may be sold, assigned, pledged, mortgaged or otherwise transferred, either in whole or in part, without notice to Lessee but always, however, subject to the rights elsewhere granted to of Lessee in under this Lease. If Lessor sells the Equipment or assigns this Lease and with prior notice or the Rent due or to Lessee and no loss of service become due hereunder or interruption (beyond a temporaryany other interest herein, non- recurring and de minimis amount), Lessor reserves the right to use the Tower, at its own expense, whether as it sees fit and to fasten additional equipment to the Tower security for any purposeof its indebtedness or otherwise, including the right to install transmitting and/or receiving antennas of others; provided that no breach or default by Lessor shall use reasonable efforts to restrict any loss of Lessee's service hereunder or interruption pursuant to this Section 3.02(a) to the hours of 1:00 a.m. to 5:00 a.m. Subject to the rights elsewhere granted to any other agreement between Lessor and Lessee, should there be one, shall excuse performance by Lessee in this Lease, Lessor shall have the right to use for itself or lease to others the remainder of the Tower Site or use of any of the improvements thereonprovision hereof. No such vendee or assignee (each an "Assignee") shall be obligated to perform any duty, space on the Tower covenant or in any building constructed condition required to be performed by Lessor for any purpose, including, but not limited to, any kind of broadcasting or communication, simultaneous transmissions on AM, FM, SSB, VBIF, UHF, and/or microwave frequencies, and all rental revenues received therefrom shall belong exclusively to Lessor. Prior to permitting the fastening of a material amount of additional equipment, Lessor shall cause a structural analysis of the Tower to be conducted by a reputable mechanical consultant chosen by Lessor in order to ensure that any such additions conform to recognized engineering standards. Except as expressly provided for herein, Lessor shall have no liability for any action or omission taken in exercise of its rights hereunder upon reasonable reliance on recommendation of its engineering personnel. Subject to under the terms of this Lease; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any Assignee unless such Assignee agrees in writing not to disturb Lessee's quiet enjoyment of the Equipment while no Event of Default has occurred. Lessee acknowledges that any such sale, Lessor also reserves assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the right burdens imposed on Lessee. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to erect one the benefit of the provisions of this Lease. Lessee agrees to acknowledge any such assignment within five (15) or more additional towers on days of receipt of written request to do so in the Tower Siteform requested by Lessor. Term. ---- Term. This Lease shall have a term of twenty (20) years from the Commencement Date established in Paragraph 1.01 hereofLESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSE, COUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, AND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOING.

By Lessor. Subject LESEE HAS SELECTED BOTH (a) THE EQUIPMENT AND (b) THE MANUFACTURER OR OTHER SUPPLIER FROM WHOM LESSOR IS OT PURCHASE IT. LESSOR MAKES NO WARRANTY, EXPRESSED OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE DESIGN OR THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, AND, AS TO LESSOR, LESSEE LEASES THE EQUIPMENT "AS IS". If any item of Equipment or all the Equipment is not properly installed, does not operate as represented or warranted by its manufacturer, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof directly against such manufacturer and shall, upon satisfactory resolution of the claim by manufacturer, pay Lessor all rents payable under this Lease. In the event manufacturer is unable or unwilling to resolve the claim, Lessor will engage a mutually agreed party to resolve the claim to Lessee's reasonable satisfaction at Lessor's expense. Lessor hereby agrees to assign to Lessee, solely for the purpose of making and prosecuting any such claim all of the rights which Lessor has against such manufacturer for breach of warranty or other representation representing the Equipment. LESSOR SHALL NOT BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES INCURRED BY LESSEE AS A RESULT OF ANY BREACH OF WARRANTY OR REPRESENTATION WITH RESPECT TO THE EQUIPMENT AND LESSOR SHALL NOT BE LIABLE TO LESSEE FOR LOSS OF USE OF THE OCCASIONED BY LESSEE'S INABILITY TO USE THE EQUIPMENT, FOR ANY REASON WHATSOEVER. The provisions of this paragraph are intended to be a complete exclusion and negation of any express or implied warranties by Lessor with respect to the rights elsewhere granted to Lessee Equipment, whether arising under the Uniform Commercial Code or under any other law now or hereafter in this Lease and with prior notice to Lessee and no loss of service effect, or interruption (beyond a temporary, non- recurring and de minimis amount), Lessor reserves the right to use the Tower, at its own expense, as it sees fit and to fasten additional equipment to the Tower for any purpose, including the right to install transmitting and/or receiving antennas of others; provided that Lessor shall use reasonable efforts to restrict any loss of Lessee's service or interruption pursuant to this Section 3.02(a) to the hours of 1:00 a.m. to 5:00 a.m. Subject to the rights elsewhere granted to Lessee in this Lease, Lessor shall have the right to use for itself or lease to others the remainder of the Tower Site or use of any of the improvements thereon, space on the Tower or in any building constructed by Lessor for any purpose, including, but not limited to, any kind of broadcasting or communication, simultaneous transmissions on AM, FM, SSB, VBIF, UHF, and/or microwave frequencies, and all rental revenues received therefrom shall belong exclusively to Lessor. Prior to permitting the fastening of a material amount of additional equipment, Lessor shall cause a structural analysis of the Tower to be conducted by a reputable mechanical consultant chosen by Lessor in order to ensure that any such additions conform to recognized engineering standards. Except as expressly provided for herein, Lessor shall have no liability for any action or omission taken in exercise of its rights hereunder upon reasonable reliance on recommendation of its engineering personnel. Subject to the terms of this Lease, Lessor also reserves the right to erect one (1) or more additional towers on the Tower Site. Term. ---- Term. This Lease shall have a term of twenty (20) years from the Commencement Date established in Paragraph 1.01 hereofotherwise.