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111 <br /> 13 • <br /> covenant, or any subsequent breach of the same or any other term, covenant, or condition herein <br /> contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a <br /> waiver of any preceding breach by Lessee of any term, covenant, or condition of this Lease, other <br /> than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's <br /> knowledge of such preceding breach at the time of acceptance of such rent. <br /> 24. LIENS: Lessee shall keep the Site free and clear of any liens and encumbrances <br /> arising or growing out of the use and occupancy of said Site by Lessee. At the Lessor or Third <br /> Party's request, Lessee shall furnish the Lessor or Third Party with written proof of payment of <br /> any item which would or might constitute the basis for such a lien on the Site if not paid. <br /> 25. PLACE OF PAYMENT: All rental payments and all other payments payable to <br /> Lessor hereunder shall be designated as payments in connection with an antenna site lease and <br /> shall be paid to Lessor at City of Everett, 2930 Wetmore Avenue, Everett, Washington <br /> 98201, Attn: City Treasurer, unless and until Lessor designates some other party or address to <br /> receive said payments. <br /> Written notices shall be delivered personally or deposited in the United States Post Office, <br /> properly addressed as aforesaid, postage fully prepaid, for delivery by registered mail. <br /> 26. CITY CHARTER LEASE REQUIREMENT: It should be noted, Section 15.8 <br /> of the Charter of the City of Everett specifies the following: <br /> "Any lease or conveyance of property, other than by sale, shall be made by the Council <br /> only after publication of notice once a week for three consecutive weeks in a newspaper of <br /> general circulation in the City, which shall describe the property, the nature of such lease or <br /> conveyance, and the party to receive it and the compensation being paid for it." <br /> 27. RF COMPLIANCE: Lessee agrees to comply with all Federal Communications <br /> Commission ("FCC") rules. Prior to commencement of Lessee's operations and at all other <br /> times that Lessor may reasonably request, Lessee shall furnish Lessor and Third Party with a <br /> radio frequency ("RF") site analysis that evaluates the simultaneous operation of all transmitters <br /> at the Site and compares the radiated power density in all accessible areas with the FCC <br /> maximum permissible exposure ("MPE") limits for workers and the general public. The power <br /> density within all accessible areas of the Site must not exceed the FCC specified MPE limits. If <br /> mitigation is required to bring Site into compliance at any time during the Lease, and so long as <br /> Lessor's and Third Party's operations are in compliance with all FCC rules, such mitigation <br /> measures shall be the sole responsibility of Lessee. <br /> 28. INSPECTION AND RIGHT-OF-ENTRY: Lessor and its agents shall have the <br /> right, but not the duty, to inspect the Site including the Tower at any time to determine whether <br /> Lessee is complying with the terms of this Lease. This inspection shall include the right to take <br /> samples of soil, air and water on the Site. <br /> 97 <br /> Page 16 of 30 <br />