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22. SALE OF PROPERTY.
<br />(a) Landlord shall not be prohibited from the selling, leasing or use of any of the Property or the Surrounding
<br />Property except as provided below.
<br />(b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise
<br />transfer all or any part of the Premises, or all or any part of the Property or Surrounding Property, to a purchaser other than
<br />Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to
<br />this Agreement and Tenant's rights hereunder. In the event the Property is transferred, the new landlord shall have a duty at
<br />the time of such transfer to provide Tenant with a completed IRS Form W -9, or its equivalent, and other related paperwork to
<br />effect a transfer in Rent to the new Landlord.
<br />(c) Landlord agrees not to sell, lease or use any areas of the Property or Surrounding Property for the
<br />installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance
<br />would interfere with Tenant's Permitted Use or communications equipment as determined by radio propagation tests
<br />performed by Tenant in its sole discretion, any such testing to be at the expense of Landlord or Landlord's prospective
<br />purchaser, and not Tenant. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant,
<br />Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes
<br />of any installation, operation or maintenance of any other wireless communications facility or equipment.
<br />(d) The provisions of this Section shall in no way limit or impair the obligations of Landlord under this
<br />Agreement, including interference and access obligations.
<br />23. RENTAL STREAM OFFER. If at any time after the date of this Agreement, Landlord receives a bona fide written
<br />offer from a third party seeking an assignment of the rental stream associated with this Agreement (`Rental Stream Offer "),
<br />Landlord shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within twenty
<br />(20) days after it receives such copy and representation to match the Rental Stream Offer and agree in writing to match the
<br />terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream
<br />Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the twenty (20) day
<br />period, Landlord may assign the rental stream pursuant to the Rental Stream Offer, subject to the terms of this Agreement.
<br />24. Hold -Over. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration of the
<br />removal period of 120 days as set forth in Paragraph 13 herein, unless the Parties are negotiating a new lease or lease extension in
<br />good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, and
<br />Tenant holds over in violation of Paragraph 13 and this Paragraph 24, then the rent from and after the date of the expiration of the
<br />removal period shall be increased to one hundred and fifty percent (150 %) of the rent applicable during the month immediately
<br />preceding such expiration or earlier termination.
<br />25. MISCELLANEOUS.
<br />(a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and
<br />signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. The failure by a party
<br />to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or
<br />in any way affect the right of either party to enforce such provision thereafter.
<br />(b) Memorandum /Short Form Lease. Contemporaneously with the execution of this Agreement, the parties
<br />will execute a recordable Memorandum or Short Form of Lease substantially in the form attached as Exhibit 25b. Either party
<br />may record this Memorandum or Short Form of Lease at any time during the Term, in its absolute discretion. Thereafter during
<br />the Term of this Agreement, either party will, at any time upon fifteen (15) business days' prior written notice from the other,
<br />execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease.
<br />(c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise
<br />notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have
<br />against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability.
<br />(d) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind
<br />and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
<br />(e) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the
<br />entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the
<br />subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced.
<br />(f) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are
<br />located, without regard to conflicts of law.
<br />(g) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply. (i)
<br />captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions
<br />hereof, (ii) use of the term "including" will be interpreted to mean "including but not limited to " (iii) whenever a party's
<br />consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such
<br />consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are
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