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3. Use, Access and Modifications to Tenant's Equipment. <br />3.1 Tenant's Permitted Use. Landlord agreesthat Tenant may use the Premises for the purpose of the <br />installation, operation, maintenance and management of a telecommunications facility (including, without <br />limitation, equipment designed to transmit and receive radio frequency signals) (collectively, "Tenant's <br />Equipment"), which shall include the right to replace, repair, add, or otherwise modify any or all of Tenant's <br />Equipment and the frequencies over which Tenant's Equipment operates ("Tenant's Permitted Use"). Landlord <br />acknowledges and agreesthat if radiofrequency signage and/or barricades are required by Applicable Law, Tenant <br />shall have the right to install the same on the Property. Tenant's Permitted Use does not include the ability to <br />increase the size of equipment or the number of or size of antennasnor does it include adding sub -tenants on the <br />Premises, without authorization from Landlord. Any engineering, structural upgrades, plan review or permitting <br />cost s sha I I be borne by Te na nt. Prior to t he i nsta Hat ion of Te na nt's E q u i pme nt, Te na nt ha s i nspe ct ed t he Pre m ises <br />and Structure, and Tenant has determined that they are suitable for Tenant's Permitted Use. Landlord makes no <br />expressed or implied warranty or representation with reference to the usability of the Premises for Tenant's <br />Permitted Use. <br />3.2 Access. Commencing on the Effective Date and continuing throughout the Term, Tenant, its <br />employees, agents and contractors shall have access to the Premises 24 hours per day, 7 days per week and at no <br />additional cost or expense to Tenant, provided that Landlord and Tenant shall mutually agree on the location and <br />the timing of such access. Further, Landlord grantsto Tenant the right of ingress and egress to the Structure and <br />the Premises. Prior to entering the Premises, Tenant and its employees, agents, and contractors will be required <br />to obtain a badge through Landlord. Those employees, agents and contractors whom are not pre -credentialed, <br />will need to contact Landlord, at least 24 hours in advance. Should a non -credentialed employee, agent or <br />contractor require access outside of normal business hours or in the case of an emergency, the employee, agent <br />or contractor shall gain access through a credentialed Tenant employee, agent or contractor. <br />3.3 Modifications to Tenant's Equipment. After Tenant's initial Installation, Tenant may make <br />Permitted Modifications without any increase in Rent or the approval of Landlord, but subject to access <br />requirementsof Section 3.2 of this Agreement. For any modification toTenant's Equipment otherthan Permitted <br />Modifications, Tenant shall require Landlord's written approval, which shall not be unreasonably conditioned, <br />delayed, or denied. <br />4. Utilities, Liens and Taxes. <br />4.1 Utilities. Tenant shall have its own utility meter installed in a mutually agreed upon location at <br />Tenant's expense. <br />4.2 Liens. There shall be no liens or mortgages or other security interests that encumberthe Premises. <br />4.3 Taxes. Landlord shall pay all taxesthat accrue against the Structure during the Term. If any such <br />tax or excise is levied or assessed directly against Tenant, then Tenant shall be responsible for and shall pay the <br />taxing authority. Tenant shall be liable for all taxesagainst Tenant's personal property or Tenant's fixtures placed <br />in the Premises, whether levied or assessed against Landlord or Tenant. Landlord shall reasonably cooperate with <br />Tenant, at Tenant's expense, in any appeal or challenge to Taxes. If, as a result of any appeal or challenge by <br />Tenant, there is a reduction, credit or repayment received by Landlord for any Taxes previously paid by Tenant, <br />Landlord agrees to promptly reimburse to Tenant the amount of said reduction, credit or repayment. If Tenant <br />does not have the standing rights to pursue a good faith and reasonable dispute of any Taxes under this section, <br />Landlord will pursue such dispute at Tenant's sole cost and expense upon written request of Tenant. <br />Site Number: MIMIA00558A Lease Version: 1.0 <br />Market: MIAMI nitin <br />