Fill and Sign the License Agreement for Antenna Spaceetc Form

Page 1 of 4 TOWER LICENSE AGREEMENT (To Place Antenna on Existing Tower) STATE: COUNTY: LICENSOR: (Name and Address) LICENSEE: (Name and Address) EFFECTIVE DATE: This Tower License Agreement (the “License”), is between Licensor, named above , and Licensee, named above. It is deemed effective as of the Effective Date stated above. Licensor grants to Licensee the space on Licensor’s communications tower necessary t o place Licensee’s _____ antennas (“the Licensed Space”). The Tower is located on t he land (“the Property”) described in Exhibit “A” to this Agreement. Licensee will place its _____ antennas, described more specifically in paragraph four (4) of this License, on Licensor’s tower for the transmission of communication signals. Licensor and Licensee agree as follows: 1. Preliminary Approvals. It is agreed that Licensee’s ability to use the Licensed Space is contingent on its obtaining, after the Effective Date of this License, all of t he certificates, permits, and other approvals that may be required by any federal, state, or local authorit ies. Licensor shall cooperate with Licensee in its effort to obtain approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use by Licensee. In the event any applications should be rejected or any certificate, pe rmit, license, or approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or te rminated by governmental authority, or any radio frequency propagation tests are found to be unsatisfactory so that Licensee, in its sole discretion, will be unable to use the Licensed Space for its intended purposes, Licensee shall have the right to terminate this License. On the termination, this License shall become null and void and all the parties shall have no further obligations, including the payment of money, to each other. 2. Term. The License term shall begin on the Effective Date, and shall continue for a _____ period and shall expire on _____ (the “Initial Term”). Licensee shall have the opti on of extending this License for one additional _____ year term (the “Renewal Term”). This renewal option shall be exercisable by Licensee, by notifying Licensor, in writing, at the address shown below, at least thirty (30) days prior to expiration of the then current term. 3. Rent. During the Initial Term and any renewal term, Licensee shall pay monthly rent of _____ to Licensor. Page 2 of 4 4. Facilities. The equipment to be installed on Licensor’s tower shall consist of the following: (a) Equipment described on Exhibit “B.” (b) Licensee may add additional equipment to the Tower by first obtaining prior written consent from Licensor, which consent shall not be unreasonably withheld. 5. Ingress and Egress. Licensee’s authorized representative shall have access to the Licensor’s Tower on an “around the clock” basis as necessary for the operation and maintena nce of Licensee’s equipment. 6. Electric Power. Licensee shall install, at its cost, separate metering for the monitoring of electric power to its equipment. Licensee shall pay for the electric power whic h it uses in conjunction with its equipment. 7. Licensee’s Covenants . Licensee covenants that its equipment, its installation, operation, and maintenance will: (a) Not materially interfere with the operations of Licensor. Licensee will agree to make any reasonable adjustments to its transmission equipment as may be necessary to facilitate Licensor’s clear signal transmission. Licensee shall rem ove any new equipment which it might add after the equipment is installed if any new equipment interferes with the operations of Licensor; (b) Not materially damage Licensor’s tower, property or any other structure or accessories to it, normal wear and tear excepted. If damage, other than normal wear and tear occurs, then Licensee shall be liable for repair or reimbursement of repair for the damages. (c) Not interfere with the maintenance of Licensor’s Tower and the Tower lighting system; and, (d) Comply with all applicable rules and regulations of the Federal Communications Commission and all federal, state, and local laws governing use of the License d Space and the Property. 8. Licensor’s Covenants. Licensor covenants that during the term of this License it shall: (a) Maintain the Tower in a safe condition; (b) Take no action which would adversely affect Licensee’s proposed use of the Licensed Space and will place its antennas and other communications equipment at such points so as not to interfere with Licensee’s use of its antenna; Page 3 of 4 (c) On Licensee’s performance of its covenants, ensure Licensee’s quiet use and enjoyment of the Licensed Space; (d) Grant no lease to any party if the grant would interfere with Licensee’s use of said tower; and, (e) Proof the equipment performance of Licensor’s equipment, Licensee’s equipment, and the equipment of any other lessee leasing space on the Tower, according to the rules and regulations of the FCC and any other governmental agency. 9. Conditions for Assigning and Subletting. Licensee shall not assign, convey, sublet, or transfer its interest in the License without first obtaining Licensor’s written approval, whi ch approval shall not be unreasonably withheld. 10. Default. The following shall be considered an event of default (“Event of Default”) by Licensee: (a) The failure to cure, within thirty (30) days after receipt of Licensor’s written notice, any breach of any material term or condition in this License; (b) Abandonment of the Licensed Space. If an Event of Default occurs or in the event Licensee shall otherwise breach or fail any of its undertakings or obligations in this Agreement, Licensor shall be entitled, at Licensor’s option, to lawfully remove all property and equipment of Licensee which may be situated on the tower; or Licensor, at its option, may elect to keep this License in full force and effect and shall be entitled to collect the rentals provided for in this Agreem ent, and in addition to the foregoing, Licensor shall be entitled to enforce all other remedies provided at law or in equity. 11. Condemnation. If all of the Property or facilities which are subject of this License, or enough of the Property to interfere with the use of it shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, this License shall terminat e as of the date when possession is taken. In that event, Licensor shall be under no liability t o Licensee, and Licensee shall be entitled to no part of any condemnation award exc ept so much of it as is expressly based on moving or relocation expenses incurred by Licensee. Licensor shall provide Licensee with notice in writing of any actual or threatened proceedings promptly after receiving notice of it. 12. Attornment by Licensee. Licensee accepts this License subject to any security interest or mortgage which might now or later constitute a lien on the Property, the Licensed Space, or Tower. This License is and shall be subject and subordinate in all respects to any and all mortgages on the Property, the Licensed Space or Tower, and to all renewals, modifications, consolidations, replacements, and extensions hereof. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgages, Licensee shall attorn to the purchaser, on any foreclosure or sale, and recognize purchaser as the Page 4 of 4 lessor under this License; provided that so long as Licensee is not in default under this Agreement, this License shall remain in full force and effect. 13. Authority. Licensor covenants that it has full authority to enter into and execute this License, and to transfer the Licensed Space. 14. Waiver. Failure or delay on the part of either party to exercise any right, power, or privilege under this Agreement, shall not operate as a waiver. 15. Binding Effect. This License shall extend to and bind the heirs, persons, representatives, successors, assigns, or successors in interest of Licensor and Licensee. 16. Notice. All notice and payments due under this Agreement shall be deemed validly given if sent by certified mail, addressed as follows, or to any change of address by eithe r party having notified the other of the change. Licensor: Licensee: This Agreement is executed by Licensor and Licensee as of the date of the acknowledgment below, but is effective as of the Effective. Licensor Licensee (Acknowledgments) Exhibit “A”: Description of Property Exhibit “B”: Description of Equipment