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x. Sale of Property. <br />(a) Landlord shall not be prohibited from the selling, leasing or use of any of the Property or <br />the surrounding property except as provided below. <br />(b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, <br />subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or <br />surrounding property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, <br />and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant's rights <br />hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of <br />such transfer, Landlord or its successor shall send the documents listed below in this subsection (b) to <br />Tenant. Until Tenant receives all such documents, Tenant shall not be responsible for any failure to make <br />payments under this Agreement and reserves the right to hold payments due under this Agreement. <br />i. Old deed to Property <br />ii. New deed to Property <br />iii. Bill of Sale or Transfer INV <br />iv. Copy of current Tax Bill <br />V. New IRS Form W-9 <br />vi. Completed and Signed AT&T Payment Direction Form <br />vii. Full contact information for new Landlord including phone number(s) <br />(c) Landlord agrees not to sell, lease or use any areas of the Property or surrounding property <br />for the installation, operation or maintenance of other wireless communications facilities if such <br />installation, operation or maintenance would interfere with Tenant's Permitted Use or communications <br />equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Landlord <br />or Landlord's prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. If <br />the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord <br />shall be prohibited from selling, leasing or using any areas of the Property or the surrounding property for <br />purposes of any installation, operation or maintenance of any other wireless communications facility or <br />equipment. <br />(d) The provisions of this Section shall in no way limit or impair the obligations of Landlord <br />under this Agreement, including interference and access obligations. <br />X. Right of First Refusal. Notwithstanding any other provisions contained in the <br />Agreement, if at any time after the Effective Date, Landlord receives a bona fide written offer from a third <br />party seeking any sale, conveyance, assignment or transfer, whether in whole or in part, of any property <br />interest in or related to the Premises, including without limitation any offer seeking an assignment or <br />transfer of the Rent payments associated with this Agreement or an offer to purchase an easement with <br />respect to the Premises ("Offer"), Landlord shall immediately furnish Tenant with a copy of the Offer. <br />Tenant shall have the right within ninety (90) days after it receives such copy to match the financial terms <br />of the Offer and agree in writing to match such terms of the Offer. Such writing shall be in the form of a <br />contract substantially similar to the Offer, but Tenant may assign its rights to a third party. If Tenant <br />chooses not to exercise this right or fails to provide written notice to Landlord within the ninety (90) day <br />period, Landlord may sell, convey, assign or transfer such property interest in or related to the Premises <br />pursuant to the Offer, subject to the terms of this Agreement. If Landlord attempts to sell, convey, assign <br />or transfer such property interest in or related to the Premises without complying with this Section _, the <br />sale, conveyance, assignment or transfer shall be void. Tenant shall not be responsible for any failure to <br />make payments under this Agreement and reserves the right to hold payments due under this Agreement <br />Attachment number 1 \n <br />F-9 Page 92 <br />