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(d) By Lessee giving twelve(12)months written notice that use of the <br /> Property is unacceptable for technical reasons, including the Property being unacceptable <br /> as part of Lessee's network design as well as signal interference. <br /> (e) By Lessor by giving Lessee: (i) twelve(12)months written notice that a <br /> Priority User needs to use the Property for a use which is incompatible with Lessee's use <br /> of the Property; or(ii)thirty(30)days written notice that Lessee's Equipment is <br /> unreasonably interfering with the Equipment of a Priority User,provided that Lessor first <br /> gives Lessee written notice of such interference and thirty(30)days within which to <br /> resolve such interference with the Priority User. <br /> Lessee may terminate this Lease other than as expressly provided above at any time, so <br /> long as Lessee pays to Lessor as liquidated damages for early termination, twelve(12) <br /> months of the then current rent for the year in which Lessee terminates. Such payment <br /> shall be made within thirty(30)days of Lessee's written notice of termination. <br /> In the event of termination of this Lease,the Lessee must remove all of its Equipment <br /> from the Water Tower and the Property and return the Water Tower and the Property to their <br /> original condition(as of the Commencement Date of this Lease),normal wear and tear excepted. <br /> Lessee shall provide Lessor,at the Commencement Date of this Lease,a letter of credit or <br /> performance bond or cash("Security")in the amount of$10,000 to secure Lessees compliance <br /> with this requirement. The Security shall be kept current at all times that this Lease is in effect, <br /> and failure to keep the Security current shall constitute a default by Lessee. <br /> In addition to termination of this Lease, Lessor shall have all other rights and remedies <br /> available to it at law or in equity(including an action for money damages or injunctive relief) in <br /> the case of a Lessee default that remains uncured for a period of thirty(30)days after written <br /> notice to Lessee;provided however that if a non-monetary default cannot reasonably be cured <br /> within the 30-day period,this Lease may not be terminated if Lessee commences action to cure <br /> the default within the 30-day period and proceeds with due diligence to fully cure the default.. <br /> 10. Liability Insurance <br /> During the Initial Term and the Renewal Terms, Lessee shall maintain, at its own <br /> expense, insurance covering claims for public liability,personal injury, death and property <br /> damage under a policy of general liability insurance,with limits of not less than One Million <br /> Dollars($1,000,000.00)per person and Two Million Dollars($2,000,000.00)per occurrence, <br /> and property damage insurance of not less than Fifty Thousand Dollars ($50,000.00). Such <br /> insurance shall insure both Lessee and Lessor(as an additional insured)against liabilities arising <br /> out of or in connection with Lessee's use or occupancy of the Property subject to the standard <br /> exceptions found in the Commercial General Liability Insurance Policy. Landlord shall also <br /> carry general liability and property damage insurance. <br /> 11. Environmental Compliance <br /> Lessee warrants, represents and covenants that it will not bring on to the property,and its <br /> use on the Property will not generate, any Hazardous Materials. This Lease may be terminated <br /> by Lessor immediately if Lessee is responsible for Hazardous Materials being on the Property. <br /> -6- <br />