Resolutions-2001-27

have at law or in equity, provided however, no court action shall he brought unless both parties have made a good faith attempt to meet in order to resolve the identified interference. (b) Landlord agrees that it will require any future tenants of the property to provide to the Landlord the same assurances against interference required of the Tenant pursuant to this Agreement, and the Landlord shall have an obligation to eliminate any interference with the operations of the Tenant caused by such subsequent tenants. If such interference is not eliminated, Tenant shall have the right to terminate this Agreement and a prorated portion of all prepaid rents shall be refunded to the Tenant. (c) Upon written notice by the Landlord that it has a bona fide request from any other party to lease or otherwise occupy the property, Tenant agrees to provide Landlord the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operation on the property at the time of the request. Such report will be provided to the Landlord within 60 days after receiving such notice. The cost of any interference studies performed by the Landlord at any tenant's request shall be paid for by the tenant or prospective tenant. 28. Removal of Existing Stand-Pipe (Tower). As a part of the consideration for this Agreement Tenant agrees to remove the existing stand-pipe (tower) at its expense. All costs associated with the removal will be born by Tenant. Tenant warrants that it will properly dispose of all components of the tower. 29. Attorney's Fees. In any action on this Lease at law or in equity, the prevailing party shall be entitled to recover the reasonable costs of its successful case, including reasonable attorney's fees and costs of appeal. 30. Binding Effect. All of the covenants, conditions, and provisions of this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 31. Entire Agreement. This Lease constitutes the entire agreement between the parties and supersedes any prior understandings or oral or written agreements between the parties respecting the within subject matter. 32. Modifications. This Lease may not be modified, except in writing signed by the party against whom such modification is sought to be enforced.