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3. If Lessor, at any time during the Term of the Agreement, decides to rezone or sell, subdivide or otherwise <br />transfer all or any part of the Premises, or all or any part of the Property or Surrounding Property, to a <br />purchaser other than Tenant, Lessor shall promptly notify Tenant in writing, and such rezoning, sale, <br />subdivision or transfer shall be subject to the Agreement and Tenant's rights hereunder. <br />4. Lessor agrees not to sell, lease or use any areas of the Property or Surrounding Property for the installation, <br />operation or maintenance of other wireless communications facilities if such installation, operation or <br />maintenance would interfere with Tenant's Permitted Use or communications equipment as determined by <br />radio propagation tests performed by Tenant in its sole discretion. Lessor or Lessor's prospective purchaser <br />shall reimburse Tenant for any costs and expenses of such testing. If the radio frequency propagation tests <br />demonstrate levels of interference unacceptable to Tenant, Lessor shall be prohibited from selling, leasing or <br />using any areas of the Property or the Surrounding Property for purposes of any installation, operation or <br />maintenance of any other wireless communications facility or equipment. <br />5. If at any time after the date of the First Amendment, Lessor receives a bona <br />party seeking an assignment or transfer of the Rent payments associated <br />Offer"), Lessor shall immediately furnish Tenant with a copy o <br />the right within ninety (90) days after it receives such copy t1 m <br />writing to match the te�ins of the Rental Stream Offer. Suc' <br />substantially similar to the Rental Stream Offer. If Tenant choose <br />written notice to Lessor within the ninety (90) day period, Less <br />payments pursuant to the Rental Stream Offer, subject to the=te <br />assign or transfer Rent payments without complying with t <br />void. Tenant shall not be responsible for any failure to make pay <br />right to hold payments due under the Agreement until Lesst <br />en offer from a third <br />t ("Rental Stream <br />ant shall have <br />and agree in <br />of a contract <br />t or fails to provide <br />ht to receive Rent <br />If Lessor attempts to <br />ent or transfer shall be <br />greement and reserves the <br />Section. <br />6. This Memorandum contains only selected provisio <br />full text of the Agreement and the First Amen <br />incorporated herein by this reference. Except\ as o <br />Memorandum, the terms and conditio f the..greemen <br />may be executed in any number '•f unterpart ch of <br />together shall constitute one and the e inst ent.\A a' <br />have the same meanings as defined in the <br />Amendment, and reference is made to the <br />fi terms and conditions, which are <br />she provi s ed in the First Amendment and this <br />emain in full force and effect. This instrument <br />shall be deemed an original and which <br />alized terms used but not defined herein shall <br />first mendment or the Agreement, as applicable. <br />7 <br />