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sublease, license or other agreement. All rights and responsibilities of LESSEE set forth in this <br /> Agreement shall be enjoyed by and binding on any Sublessee. <br /> In the event LESSEE subleases any portion of the Property, in accordance with this <br /> Agreement, any rental paid by any Sublessee(s) shall be divided between the LESSOR and the <br /> LESSEE in the following manner. 50% to LESSOR and 50% to LESSEE. Any Sublessee shall <br /> be instructed to pay the foregoing percentage amounts directly to the LESSOR and the LESSEE. <br /> For all Subleases of any nature whatsoever, LESSEE will provide LESSOR with a tri-party <br /> agreement to be executed by the LESSEE, it' s Sublessee, and LESSOR to confirm direct <br /> payment obligation from the Sublessee to the LESSOR and to indicate LESSOR has been <br /> notified of the sublease; and LESSEE shall have no liability of any nature to LESSOR in the <br /> event of failure of payment by Sublessee. It is understood and agreed by the Parties that the <br /> foregoing rental percentage amounts shall only apply if LESSEE is able to accommodate all of <br /> Sublessees facilities within LESSEE's Property. If LESSEE is unable to accommodate any or <br /> part of Sublessec' s facilities within the Property, then LESSOR may enter into an agreement <br /> with the Sublessce for a portion of the property that Sublessee requires to locale its facilities. In <br /> this event, LESSEE shall receive 100% of the rental for that portion of the facilities that arc <br /> located within the limits of the Property and LESSOR shall receive 100% of the «neat, <br /> negotiated by LESSOR and Sublessee, for the portion of Sublessee's facilities that are located on <br /> the property outside LESSEE's Property. <br /> Notwithstanding any other provision of this Agreement, the LESSEE shall not be <br /> required to obtain approval from the LESSOR for the Subletting of the Property or part thereof: <br /> however, LESSEE shall provide written notice thereof to LESSOR. LESSEE shall have the sole <br /> right to determine whether it will Sublet any portion of the Property or whether it will sublease to <br /> any specific Sublessee. <br /> 33. CAPITALCONCRIBUTION . Concurrent with the execution of this <br /> Agreement by LESSEE. LESSEE shall tender to LESSOR, as a capital contribution, a check in <br /> the amount o <br /> 34. TAXES. LESSEE shall pay as additional rent any documented increase in <br /> real estate taxes levied against the Property which are directly attributable to the improvements <br /> constructed by LESSEE within the Premises. LESSOR shall provide to LESSEE a copy of any <br /> notice, assessment or billing relating to real estate taxes for which LESSEE is responsible under <br /> this Agreement within ten ( 10) days of receipt of the same by LESSOR. LESSEE shall have no <br /> obligation to make payment of any real estate taxes until LESSEE has received the notice, <br /> assessment or billing relating to such payment as set forth in the preceding sentence. LESSEE <br /> shall have the right, at its sole option and at its sole cost and expense, to appeal , challenge or <br /> seek modification of any real estate tax assessment or billing for which LESSEE is wholly or <br /> partly responsible for payment under this Agreement. LESSOR shall reasonably cooperate with <br /> LESSEE in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set <br /> forth in the preceding sentence, including but not limited to, executing any consent to appeal or <br /> other similar document. LESSEE shall be responsible for the payment of personal property taxes <br /> on LESSEE's wireless communications equipment which may be located on the Property, and <br /> agrees to pay the same in a timely manner. <br />