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6 <br />235433v5 <br /> <br />steps as permitted by law. This right shall include the ability to institute any legal, <br />regulatory or informal action in the name of Lessor, Lessee, or both, with respect to the <br />valuation of the Premises or Equipment. Lessor shall cooperate with respect to the <br />commencement and prosecution of any such proceedings and will execute any documents <br />required therefor. The expense of any such proceedings shall be borne by Lessee and any <br />refunds or rebates secured as a result of Lessee’s action shall belong to Lessee, to the <br />extent the amounts were originally paid by Lessee. In the event Lessee notifies Lessor by <br />the due date for assessment of Lessee’s intent to contest the assessment, Lessor shall not <br />pay the assessment pending conclusion of the contest, unless required by applicable law. <br /> <br />Lessee shall have the right but not the obligation to pay any taxes due by Lessor <br />hereunder if Lessor fails to timely do so, in addition to any other rights or remedies of <br />Lessee. In the event that Lessee exercises its rights under this Section 5(d) due to such <br />Lessor default, Lessee shall have the right to deduct such tax amounts paid from any <br />monies due to Lessor from Lessee. <br /> <br />(e) Security Deposit. To secure payment for the reimbursement of costs <br />provided for in this Lease, Lessee shall deliver to Lessor a cash escrow, letter of credit or <br />performance bond in the amount of $10,000.00 prior to installing any equipment or <br />antennas on the Property. Lessor shall hold this security until all of the work <br />contemplated by this Lease is completed and all amounts due for reimbursement of costs <br />pursuant to this Lease have been paid by Lessee, and shall release the security to Lessee <br />at that time. Lessor may deduct from the security any amounts due under this Lease and <br />unpaid 30 days after written demand by Lessor. <br /> <br />6. Utilities <br />Lessee, at Lessee’s expense, will arrange for separate metering for all required electrical <br />or other utility connections to support the Equipment, and shall promptly pay all utility costs <br />directly to the utility providers when due. <br />7. Water Tower Purpose <br />Lessee recognizes that the primary function of the Water Tower is to provide water <br />storage for Lessor and its customers. Lessor will maintain and repair the Property and access <br />thereto, the Water Tower, and all areas of the Premises where Lessee does not have exclusive <br />control, in good and tenantable condition, subject to reasonable wear and tear and damage from <br />the elements. Lessee understands that it will be necessary, from time to time, for Lessor to <br />interrupt Lessee’s use of the Property for maintenance of the Water Tower. Lessor shall provide <br />Lessee with at least one hundred twenty (120) days prior written notice for non-emergency <br />maintenance and, if requested by Lessor, Lessee agrees to either remove its Equipment from the <br />Water Tower for such length of time as Lessor shall require to complete the maintenance (the <br />“Maintenance Period”), or if feasible to secure the antennas or the Equipment generally, to <br />protect them from damage and allow Lessee’s continued operation. If required to remove its <br />Equipment, Lessee shall have the right to temporarily relocate its Equipment as provided below. <br />Alternatively, Lessee may terminate this Lease upon thirty (30) days written notice to the Lessor <br />at any time during the Maintenance Period and neither party shall have any further rights or <br />180