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occupancy and use of the Premises . 11 . ASSIGNMENT AND SUBLEASING. This Agreement may be sold, assigned or transferred at any time by MetroPCS to their parent company or any affiliate or subsidiary of MetroPCS or its parent company or to any entity with or into which MetroPCS is merged or consolidated, or to any entity resulting from a reorganization of Licensee or its parent company . However, MetroPCS shall not assign, or otherwise transfer, all or any part of its interest in this Agreement, or in the Premises, to a third party without the prior written consent of County. MetroPCS shall not sublease or sublicense the premises . This Agreement shall be binding upon the respective parties, their assigns, and successors . From and after the date the Agreement has been sold, assigned or transferred by Licensee to an approved third parry agreeing to be subject to the terms hereof, MetroPCS shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action . 12. AS IS. MetroPCS takes the facilities as is , and County does not warrant that the facility is sufficient for the use intended by said Licensee . Notwithstanding the foregoing, County warrants that there are no deeds to secure debt, mortgages , liens , recorded agreements or judgments encumbering the Property and no restrictive covenants , or other encumbrances on the title to the Property that would prevent MetroPCS from using the Premises for the uses intended by them as set forth in this Agreement. County further agrees and warrants that it shall provide and be responsible for maintenance and repairs to the Elevated Tank, and to preserve the Elevated Tank in good order and condition. County shall maintain all common areas on the Property . MetroPCS may, as needed, make upgrades, maintain or replace damaged or broken equipment without County ' s written approval . County may allow MetroPCS to modify or make substantial changes the facility to make the facility usable by Licensee . Such modification is subject to County ' s prior written approval , which shall not be unreasonably withheld. All modifications, which are approved by County, shall be made at the sole expense of MetroPCS . 13 . COUNTY ' S ADDITIONAL DUTIES (a) County understands and agrees that the continuity of MetroPCS ' s services is of paramount importance to them . County shall at all times exercise the highest standard of care and judgment to prevent damage to said services . County will cause any subsequent licensees to verify, by frequency search, that its signal will not interfere with any licensee ' s signal . In the event any of Licensor' s other licensees ' signals causes material interference with Licensee , County will exercise its best efforts to promptly and diligently resolve such problems after notice by Licensee to County . In the event that material interference continues for a period of forty- eight (48 ) hours after Licensee sends written notice , Licensee shall so notify County in writing , and County shall cause the interfering operation to cease , except for brief tests which are necessary to determine the cause of the interference . If such interference cannot be eliminated, Licensee , in its discretion, has the right to (i) request County to cause the interfering party to cease operations permanently or (ii) request County, upon full agreement with Licensee , to allow Page 6 of 15 C:\Documents and SettingsW Bob Armijo\Desktop\oPCS003-KingsHighwayWaterTankLicensetoOccupyMarch15,2005-2. doc