2520 MADISON ST CLEARWIRE ANTENNA 2018-01-01 MF Import

�- � Licensor Sitc NarneMumbcr. Port Gerdner. WN 83I77 Licenscc Site Namc/Number: Am:rican - Port Gardncr/ WA - SN0203 EXHIf31T C RIDGR tt 1 R1DCR FOl2 A[RTOUCH SUI3LEASED SITES ('This Ridcr is non-negotiablc) Licensee and Licensor have entered into the attached license agreement to a master license agrecment or indepcndent site license agreement, as appficablc ("Agrcement"). Licensce ackr.owledges that Licensor's rights with respect to the use and (urther sublicense of thc communication tower and site ("Tower Site") under the Agrcemcnt arc sublcased from AirTouch Communications, Inc. and/or its Affiliates ("AirTouch") and are subject to a sublease agreemert (as amended from time to time) ("AirTouch Sublease") benveen Licensor and AirTouch, pursuant to which Licensor subleases a ponion of the Tower Site from AirTouch as Licensor's overlandlord. Pursuant to the AirTouch Sublease, Licensor is obligated to obtain Licensc�e's agrcement to the following provisions, which provisions may not be superseded, altercd or amended by the Agreement (including any conflicting or inconsistent provisions in the Agreement) or any attachment, exhibit, amendment, supplcment, schedule, or othcr written instrument associated witl� the Tower Site or the Agreemcnr. a) Ground Leasc/AirTouch Sublcase: The Agreement shall bc subordinate to the terms and conditions of any undcrlying casement, ground Icasc, licensc, pcnnit, right oF �vay or similar u;e right between the land owner or lessor and AirTouch ("Ground Lease") and any and all re(erences to the Ground Lcase in the Agrecment shall be deemed to reCer only to the Ground Lease (a copy oF which Licensor shall provide to Licensee (ollowing a written request and redacted as Licensor dcems rcasonably neccssary) and not the AirTouch Sublcase. In the event that a default or non-compliance with a provision of tlie Ground Lease is caused by Licensee, Licensee shall, upon Licensor's written request at Licensce's sole expense, cure or othenvise remedy such deCault or non-compliance within thc cure period provided for pursuant to the Ground Lease. Licensor may not be ablc to cause AirTouch or any underlying landowner or lessar to record a copy of any underlying ground lease, license, casement or other right of use associated with �he Tower Site, particularly where such recordation is prohibited under the terms of the Ground Lease. Licensor is not authorized to provide Licenscc with a copy of the AirTouch Sublcase; provided, however, Licensor (i) shall be obligared to excrcisc any rencwal options availablr. to it under the AirTouch Sublease and ro causc AirTouch to exercise any renewal options available under tl�e Ground Lease during the initial and all renewal rerms under the Agreement, and (ii) agrces not to take any action with respect to the AirTouch Subleasc which will cause the AirTouch Sublease to be premarorcly cerminated. b) Interf�rencc: In addition to the rights and o6ligations of Licensor and Licensee as set forth in interferencz section of the Agreement, in the event that equipment operated by Licensec at Uie Tower Site as permitted undcr the Agreement ("Licensec's EquipmenP') is suspected to be causing interference with AirTouch's themcurrent use of the Tower Site, Licensce may be required ro conduct a transinit test jointly with AirTouch (and shall notify AirTauch in writing fivc (5) business days prior to such iransmit test as to the date and time such test will commence) to measure: i. The signal transmit levels at the output afler t6e final filter stage on Licensee's transmit line with all transmitters keyed up at maximum power, ii. Antenna isolation betwecn the ourout of the final filter stage on Licensee's transmi[ line and input line to Air�• tch's multicoupler in AirTouch's frequer.cy band of operation; and iii. Thc combination of (i) worst case level measured out oF Licensee's transmit line -dded to (ii) worst case antenna isolation. Such value shall be no greater than - 120dBm. c) If AirTouch determines that it is experiencing inter(erencc as a result of such tests, AirTouch or Licensor shall notify Licensee to immediately cease the transmit test and Licensee shall cease such test. Licensce shall be responsible for ensuring that proper filtering and isolation are in place for ��