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40 Consideration: The parties acknowledge and agree that as consideration for Lessor granting to Lessee the rights set forth in this Lease, the parties agree as follows: a. The 405' County owned tower located at Hobart Park is deemed to be near the loading criteria that would prohibit additional tenants use of the facility. 40 b. The Lessee has offered to make available to the Lessor use of a transmit and receive combining system at Lessee's expense for certain consideration. The transmit and receive combining system is beneficial in that an antenna for each transmitter/receiver 0 is net required; one transmit antenna on the tower can serve to operate up to ten (10) transmitters, and one receive antenna on the tower can serve to operate up to twenty-four (24) receivers greatly reducing the wind loading of the tower and allows more usage and additional tenants as well as less stress on the tower structure. C. As a one time initial rental fee, the Lessee, at its expense, will make available, at no charge to the Lessor, a transmit and receive combining system in exchange for free use of the Hobart Tower for four (4) UHF radio transmitter systems for a period of eight (8) years after which the Lessor will own as a county asset, the UHF transmit and receive combining system. During the eight year term, the Lessee will provide, at its expense, the installation and annual maintenance of the transmit and combining system in compliance with accepted practices and standards. The value of the equipment and services provided by the Lessee is in excess of $68,076. d. After the eight year period, the Lessee will begin paying an annual tower rental fee that is in effect and applicable to all other lessees on the tower at that time as approved by the Board. e. Lessee agrees the transmit and receive combining system will not be removed from Hobart Tower during the eight year period without the approval and consent of the Lessor and then only after an agreement has been reached as to value and benefit received and mutually agreed to by both parties. 9. Lessee shall have the right to use the electrical service of the Lessor located at the tower site in order to operate and/or repair Lessee's radio units. Lessor shall pay all recurring electrical costs during the term of this lease. 10. During the term of this lease, Lessor agrees that Lessee shall have free access to the tower and the premises on which the tower is located 24 hours per day, for the purpose of installing, maintaining, repairing, and removing its equipment. 11. The installation, maintenance, repair, and removal of Lessee's equipment shall not damage the premises or the tower structure or interfere with the maintenance of the Lessor's property. 12. Lessee shall comply with all rules and regulations of the Federal Communications Commission, Civil Aeronautics Administration, and all other applicable laws and regulations. 13. Lessor reserves the right to grant radio antenna leases to other parties on any frequency and shall be under no responsibility to Lessee for doing so. If the operation of such other parties involved interferes with Lessee's operation, it shall be the Lessee's obligation to resolve the matter with such other parties in accordance with the FCC rules and regulations. Lessor shall not be obligated to resolve such Interference or nnerafin , nrob!ems 14. Lessor agrees: A. to maintain the radio tower in good working condition at all times in order that the Lessee may have the use of said tower as contemplated herein. B. to maintain the radio tower strictly in accordance with the requirements of the _� Federal Communications Commission.