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13 <br /> days of the receipt of Lessor's appraisal by Lessee, the MAI appraisers previously retained by <br /> Lessor and Lessee shall choose a third MAI appraiser with knowledge of properties in <br /> Snohomish County, Washington. If the appraisers chosen by Lessor and Lessee cannot agree <br /> upon the selection of the third MAI appraiser within twenty (20) days after being requested to do <br /> so, the third appraiser shall be designated by the Presiding Judge of the Snohomish County <br /> Superior Court on application of either party upon ten(10)days notice to the other. The three(3) <br /> MAI appraisers shall fix and determine by majority vote the fair market rental of the leased <br /> premises as of the date of their appraisal. The decision of the appraisers shall be final and <br /> binding on the parties. Under no circumstance,however, shall the base monthly rent for the first <br /> year of either Option Term be less than the monthly rental rate existing at the end of the <br /> preceding term. In the event either Lessor or Lessee does not agree with the decision of the <br /> appraisers regarding the fair market rental, either party may terminate this Lease upon thirty (30) <br /> days written notice. <br /> This option may be exercised by Lessee only in the event that all rents have been fully paid <br /> and all provisions of this Lease on the part of Lessee to be observed by Lessee have been fully <br /> and faithfully observed. A new lease agreement for the Option Terms shall be unnecessary, as <br /> this Lease constitutes a present demise for both the Initial Term and the Option Terms. <br /> 6. SITE ENGINEERING STANDARD AND PRACTICES: Lessor shall have <br /> engineering supervision over all equipment located on the property. Such supervision shall <br /> include: a) Frequency coordination and acceptability; b) Engineering specifications; c) <br /> Establishment of standards and practices consistent with and necessary for the avoidance or <br /> elimination of interference; and d) Acceptability of equipment, including radio transmitters and <br /> protective devices; andany decision on any of the foregoing matters by the Lessor shall be <br /> binding upon the Lessee. Lessor will furnish Lessee with the reasons for any of its decisions in <br /> this matter. Any interference caused by radio or television transmitting and/or receiving <br /> equipment to existing licensees shall be corrected and eliminated immediately by the party <br /> and/or parties causing the interference. Third Party will function as the managing entity for the <br /> Tower. In recognition of the critical nature of the Third Party installation, Lessee shall meet the <br /> same standards established for Third Party, and Third Party will have responsibility for acting as <br /> the site technical manager. Site engineering standards adhered to shall be the latest version of <br /> specifications as published by the Western Washington Cooperative Interference Committee, the <br /> current version of which is attached hereto as Exhibit "B" or Third Party standards, the current <br /> version of which is attached hereto as Exhibit "C", whichever are more restrictive, and <br /> incorporated herein by reference. <br /> 7. LEASE TAX: The possessory interest of Lessee in the property herein leased is <br /> subject to taxation under the laws of the State of Washington (Ch. 61, 1975-1976 Laws, 2d Ex. <br /> Sess., as amended) at the present rate of twelve point eighty-four percent (12.84%), or as may be <br /> amended by Washington State legislation, of the taxable rent to be paid to the Lessor monthly <br /> under the terms of this Lease. This tax is in addition to the monthly rent required above. Lessee <br /> agrees to pay and the Lessor agrees to collect and pay over to the State Department of Revenue <br /> the aforesaid leasehold excise tax in accordance with the statutes governing it. <br /> 86 <br /> Page 5 of 30 <br />