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8. COLLOCATION BY LESSOR. LESSEE, at its sole cost and expense, agrees to construct and <br />operate the Tower in such a manner that will allow for LESSOR to collocate in accordance with the <br />License Agreement attached hereto as Exhibit E. <br />9. GOVERNMENT APPROVALS. LESSEE will not access the Property to undertake any due <br />diligence until after procuring insurance as provided in Paragraph 12. LESSEE must obtain all of the <br />certificates, licenses, permits and any other approvals (collectively the "Government Approvals") that <br />may be required by any Federal, State, Local authorities, or the City of Casselberry (collectively, the <br />"Government Entities") as well as a satisfactory soil boring test, environmental studies, or any other <br />due diligence LESSEE chooses that will permit LESSEE's Use. LESSOR shall cooperate with LESSEE in its <br />effort to obtain such approvals and shall take no action which would adversely affect the status of the <br />Property with respect to LESSEE's Use. Further, improvements or alterations made to the Property <br />shall be in compliance with all insurance requirements and regulations. <br />10. TERMINATION. LESSEE may, unless otherwise stated, immediately terminate this <br />Agreement upon written notice to LESSOR in the event that (i) any applications for such Government <br />Approvals should be finally rejected; (ii) any Government Approval issued to LESSEE is canceled, <br />expires, lapses or is otherwise withdrawn or terminated by any Government Entity; (iii) LESSEE <br />determines that such Government Approvals may not be obtained in a timely manner; (iv) LESSEE <br />determines any structural analysis is unsatisfactory; (v) LESSEE determines the Use of the Premises is <br />obsolete or unnecessary; (vi) with 3 months prior notice to LESSOR, upon the annual anniversary of the <br />Commencement Date; or (vii) at any time before the Commencement Date for any reason or no reason <br />in LESSEE's sole discretion. At Termination, LESSEE will terminate the recorded Memorandum of <br />Agreement. In the event of an early termination by LESSEE in accordance with (v) of this Paragraph, <br />LESSEE agrees to pay an early termination fee equal to twelve (12) months' rent. LESSOR may, unless <br />otherwise stated herein, immediately terminate this Agreement upon written notice to LESSEE in the <br />event that (i) LESSEE has made intentional misstatements or misrepresentations of any type on any <br />questionnaire, site plan, construction drawing, equipment listing or application or (ii) subject to the <br />provisions of this Section, it is determined by LESSOR that the Property is needed for an exigent public <br />purpose and one (1) year written notice is given to LESSEE. Should LESSOR need the Property for an <br />exigent public purpose, LESSEE's Equipment may be relocated to another Property owned by LESSOR at <br />LESSEE'S option, so long as the property is in the same general area, at LESSOR's expense, and such <br />relocation does not interrupt LESSEE's Use of the Premises, or in the event such relocation does <br />interrupt LESSEE's Use, LESSEE will also have the right to use a COW on the LESSOR's Property at a <br />location sufficient to meet LESSEE's coverage and engineering needs and as reasonably agreed upon by <br />the parties. If LESSEE determines relocation is not possible, then either party can terminate this <br />Agreement upon ninety (90) days written notice to the other party. <br />11. INDEMNIFICATION. LESSEE will defend, indemnify and hold harmless the LESSOR <br />against and from any and all liability, claims, demands, actions, losses, damages, orders, judgments and <br />any and all costs and expenses (including without limitation attorney's fees, costs and expenses) <br />incurred by LESSOR to the extent caused by any act or omission of LESSEE from LESSEE's use of and/or <br />operation on the Property. LESSEE, upon notice from LESSOR, will assist and defend at LESSEE's <br />expense any such actions or proceedings by counsel reasonably satisfactory to LESSOR. This indemnity <br />survives any termination of this Agreement. <br />0 <br />