169-10 Contract

Non-Exclusive License. Conditioned upon and subject to commencement of the Lease Term Lessor grants the following non-exclusive licenses, under and upon Lessor’s Property to Lessee, Lessee’s employees, agents, contractors, sublessees, licensees and their employees, agents and contractors for access, construction, staging, and/or other legally permitted uses in connection with realization of the rights granted herein: (i) an non-exclusive license over such portions of Lessor’s Property as is reasonably necessary for the construction, repair, maintenance, replacement, demolition and removal of the facility located upon Leased Premises; (ii) an non-exclusive license over such portion of Lessor’s Property as is reasonably necessary to obtain or comply with any Approvals; (iii) a thirty foot (30’) wide non-exclusive license in the location shown in Exhibit “B”, as may be amended, for construction, use, maintenance and repair of an access road for ingress and egress seven (7) days per week, twenty-four (24) hours per day, for pedestrians and all types of motor vehicles, to extend from the nearest public right-of- way to the Leased Premises; (iv) a utility non-exclusive license (the “Utility Non-exclusive license”) in the location shown in Exhibit “B”, as may be amended, for the installation, repair, replacement and maintenance of utility wires, poles, cables, conduits and pipes, provided that in the event that any public utility is unable or unwilling to use the Utility Non-exclusive license in the location shown in Exhibit “B” as may be amended, at the sole option of Lessee Lessor shall grant an alternate non-exclusive license either to Lessee or directly to the public utility at no cost and in a location acceptable to Lessee and the public utility (collectively, the “Non-exclusive licenses”). TO HAVE AND TO HOLD the Non-exclusive licenses for the purposes provided during the Lease Term and thereafter for a reasonable period of time for Lessee to remove its Improvements. Lessee’s Right to Terminate; Effect of Termination by Lessee. Lessee shall have the right to terminate this Agreement, at any time, without cause, by providing Lessor with one hundred eighty (180) days’ prior written notice. Upon such termination pursuant to this Section 7, all prepaid Rent shall be retained by Lessor. Upon termination, (i) this Agreement shall become null and void and neither

days’ prior written notice. Upon such termination pursuant to this Section 7, all prepaid Rent shall be retained by Lessor. Upon termination, (i) this Agreement shall become null and void and neither party shall have any further rights or duties hereunder, except that any monies owed by Lessee to the Lessor shall be paid within thirty (30) days of the termination date, and (ii) Lessor shall continue to honor all of the terms and conditions of those Existing Ground Leases through the expiration or termination of any such Existing Ground Leases in accordance with their own terms and conditions, as same shall survive the termination of this Agreement. If termination pursuant to this Section 7 is between January 1, 2021 and December 31, 2030, Lessee shall pay to Lessor the Termination Fee provided in Section 27(F). Use of Property. The Leased Premises and the Non-exclusive licenses shall be used for the purpose of constructing, maintaining and operating the Improvements to the extent any such Improvements are owned by Lessee or for which Lessee has a contractual obligation to construct, maintain or operate same, and uses incidental thereto. Lessee may alter, modify, replace, repair or make additions within the Leased Premises at its sole expense or as it otherwise determines is reasonably necessary to accommodate each Sublease (as defined below), including, without limitation: (i) extension, structural enhancement or replacement of the tower structure within the Leased Premises; (ii) replacement of worn or defective parts within the Leased Premises; (iii) installation, extension or relocation of a perimeter security fence within the Leased Premises; (iv) maintenance or replacement of landscaping within the Leased Premises; (vi) addition of new concrete pads or underground conduit within the Leased Premises; or (vii) repair, regrading or repaving of an access road. Lessor acknowledges that certain Improvements on the Leased Premises are owned by third parties not a party to this Agreement and that as to such Improvements, Lessee shall have no duty to maintain or operate same and Lessor shall look solely to the owner of such Improvements to ensure they are well maintained and operated. It is the intent of the parties that Lessee’s Improvements shall not constitute a fixture. The Lessee may lease space within the Leased Premises provided that they do so on terms

ntained and operated. It is the intent of the parties that Lessee’s Improvements shall not constitute a fixture. The Lessee may lease space within the Leased Premises provided that they do so on terms consistent with the existing lease agreements, in compliance with applicable laws, and of which Lessee shall provide notice to Lessor. Any new lease should be negotiated and contracted at no cost to the Lessor. Removal of Obstructions. Except in the event of an emergency as provided below, on ten (10) days PPAB 1693726v5 3 West Orange; BU878830