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5. ACCESS. LESSEE shall have the non-exclusive right of ingress and egress from a public
<br />right-of-way, 7 days a week, 24 hours a day, over the Property to and from the Premises for the purpose
<br />of installation, operation and maintenance of LESSEE's Equipment over or along a 20 foot wide right-of-
<br />way (the "Access Route"), which shall be depicted on Exhibit "B". The legal description for the Access
<br />Route will be shown on Exhibit "C". The Access Route together with the Land Space shall be the
<br />"Premises". LESSEE may use the Access Route for the installation, operation and maintenance of wires,
<br />cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support
<br />services. In the event it is necessary, LESSOR agrees to grant LESSEE or the provider the right to install
<br />such services on, through, over and/or under the Property, provided the location of such services shall
<br />be reasonably approved by LESSOR. Notwithstanding the foregoing, LESSOR shall be deemed to have
<br />approved the location of such services if LESSOR fails to respond within ten (10) business days of receipt
<br />of LESSEE's written request, sent via certified mail, for approval of the location of such services.
<br />Notwithstanding anything to the contrary, the Premises shall include such additional space sufficient for
<br />LESSEE's radio frequency signage and/or barricades as are necessary to ensure LESSEE's compliance with
<br />Laws (as defined in Paragraph 27).
<br />6. CONDITION OF PROPERTY. Following the Removal Date, and within the timeframes set
<br />forth in Paragraph 36 of this Agreement, LESSOR shall deliver the Premises to LESSEE in a condition
<br />ready for LESSEE's use and clean and free of debris. LESSOR represents and warrants to LESSEE that, to
<br />the best of LESSOR's knowledge, as of the Effective Date, the Premises is (a) in compliance with all
<br />Laws; and (b) in compliance with all EH&S Laws (as defined in Paragraph 24).
<br />7. IMPROVEMENTS AND MODIFICATIONS. The communications equipment including,
<br />without limitation, the tower structure, antennas, conduits, fencing and other screening, and other
<br />improvements, (the "LESSEE's Equipment"), shall be at LESSEE's expense and installation shall be at the
<br />discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify
<br />LESSEE's Equipment, tower structure, antennas, conduits, fencing and other screening, or other
<br />improvements or any portion thereof and the frequencies over which the LESSEE's Equipment operates,
<br />whether or not any of the LESSEE's Equipment, antennas, conduits or other improvements are listed on
<br />any exhibit; provided however, that LESSEE shall maintain the tower loading of the Tower in accordance
<br />with applicable Laws and shall not knowingly allow any unsafe conditions to exist on the Tower,
<br />Premises or Property. Upon written request by LESSOR, and no more than one (1) time per consecutive
<br />five (5) year period, LESSEE shall provide LESSOR with reasonable documentation showing that the
<br />loading of the Tower is in compliance with all applicable Laws and provide copies of any and all permits
<br />and plans issued for the Tower, LESSEE's Equipment or the Premises.
<br />Notwithstanding anything contained herein to the contrary, LESSEE shall provide LESSOR with prior
<br />written notice of any construction to occur on the Premises for the installation of LESSEE's Equipment
<br />within the Premises and obtain prior written approval from LESSOR for the installation or addition of
<br />any generator or fuel storage tank proposed to be placed on the Premises, which approval shall not be
<br />unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, LESSOR shall be
<br />deemed to have approved the addition of the generator or fuel storage tank if LESSOR fails to respond
<br />within ten (10) business days of receipt of a written request, sent via certified mail, for approval of the
<br />generator or fuel storage tank. The Parties acknowledge and agree that LESSEE's notice obligations shall
<br />not apply to routine maintenance of the Tower or LESSEE's Equipment.
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