8.0. EDSR 02-13-2006 - Laserfiche WebLink

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one hundred twenty Q20') toot level for use in Landlord's primary business activities ("Lessm~ N'aeilities"). Lessor shall be esponsible for installing, repairing, maintaining, modifying and removing its ¢yuipment subject to l.,essee's approval at Lessor's sole expense. Lessor shall pay for the utilities it consumes in its operation of the Lessor Facilities at the rate charged by the servicing utility company. Landlord shall operate the Landlord Facilities in a manner that will not cause interference to Tenant and its tenants, if any. All operations by Landlord shall be in compliance with all FCC requirements. Interference. (a) Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC") requirements including those prohibiting interference to communications facilities of Landlord or other lessees or licensees of the Land, provided that the installation and operation of any such facilities predate the installation of the Tenant Facilities. (b) Subsequent to the installation of the Tenant Facilities, Landlord will nut, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Land or property contiguous thereto owned or cmrtrolletl by Landlord, if such modifications are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to nse best efforts W eliminate such interference in a reasonable time period. ' ^^'"^-'"° °^~' -° ^~^'~ ^ ~«`~ 8. Taxes. If personal property taxes are assessed, Tenant shall pay any portion of such taxes directly attributable to the Tenant Facilities. Landlord shall pay when due all real property taxes, assessments and deferred taxes on the Land. Except as provided immediately below, Landlord shall pay all real property taxes, assessments and deferred tares nn fhe Land. If any increase to Landlm~d's real property taxes is the direct result of Tenant's improvements on the Premises, then Tenant shall reimburse the Landlord that proportionate share of such tax increase provided that as a conditimi of Tenant's obligation to pay such tax increases: (i.) Landlord provides to Tenant the documentation from fhe taxing authority, reasonablyy acceptable to Tenant, indicating that the increase is due to Tenant's improvements, and (iiJ upon written request by Tenant, Landlord tiles a timely protest with the appropriate taxing authority, and consents to Tenant's intervention and prosecution of the same (the cost of such appeal to be borne by the parties on a pro rata basis). ~.amdlord and Tenant shall cooperate with each other in the protest of any such assessment by (i.} providing each other with information regarding the relative valuation of (heir property, and (ii.) allowing each other to participate in any proceeding related to the lac protest. Nothing in this paragraph shall be construed as limiting either party's right Yo contest, appeal or challenge any tax assessment 9. Waiver of Landlord's Lien. (a) Landlord waives any lien rights it may have concerning the Tenant Facilities, all of which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. (b) Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Tenant Facilities ("Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). [n connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proeeediugs. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice; or (ii) by Tenant if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of the Tenant Facilities; or (iii) by Tenant if Tenant is unable to occupy and utilize the Premises due to an action of the FCC, including ithout ]imitation, a take back of channels or change in frequencies; or (iv) by Tenant if any environmental report for the Land reveals the presence of any Hazardous Material after the Term Commencement Date; or (v) by Tenant if Tenant determines that the Premises