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2.4. ERMUSR 05-20-2014
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2.4. ERMUSR 05-20-2014
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5/20/2014 3:20:59 PM
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ERMUSR
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defaul 1 (without, however, limiting any other rights available to the parties pursuant to <br /> other 8 ovisions hereof); <br /> (b) Upon thirty (30) days written notice by Lessee if Lessee is unable to <br /> obtain or maintain, through no fault of Lessee, any license, permit or other governmental <br /> appro a necessary for the construction and operation of the Lessee's Equipment or <br /> business, including its ability to manage a PCS network pursuant to which the space is <br /> leased nd the Equipment will be installed; or <br /> (c) By Lessor by giving Lessee twelve (12) months written notice that the <br /> Water ower is going to be abandoned or relocated. <br /> (d) By Lessee giving twelve (12) months written notice that use of the <br /> Prope 16 is unacceptable for technical reasons, including the Property being unacceptable <br /> as part .f 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 /> Priori 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 /> unreas is nably interfering with the Equipment of a Priority User, provided that Lessor first <br /> gives I essee written notice of such interference and thirty (30) days within which to <br /> resoly; such interference with the Priority User. <br /> Lessee may terminate this Lease other than as expressly provided above at any time, so <br /> long a'. Lessee pays to Lessor as liquidated damages for early termination, twelve (12) <br /> month, of the then current rent for the year in which Lessee terminates. Such payment <br /> shall b: made within thirty(30) days of Lessee's written notice of termination. <br /> In the vent of termination of this Lease, the Lessee must remove all of its Equipment <br /> from the Wat,1 Tower and the Property and return the Water Tower and the Property to their <br /> original condi on (as of the Commencement Date of this Lease), normal wear and tear excepted. <br /> Lessee shall of ovide Lessor, at the Commencement Date of this Lease, a letter of credit or <br /> performance s.nd or cash ("Security") in the amount of$10,000 to secure Lessees compliance <br /> with this requ ement. The Security shall be kept current at all times that this Lease is in effect, <br /> and failure to seep the Security current shall constitute a default by Lessee. <br /> In add ion to termination of this Lease, Lessor shall have all other rights and remedies <br /> available to it t law or in equity (including an action for money damages or injunctive relief) in <br /> the case of a I essee default that remains uncured for a period of thirty (30) days after written <br /> notice to Less`e; provided however that if a non-monetary default cannot reasonably be cured <br /> within the 30-c ay period, this Lease may not be terminated if Lessee commences action to cure <br /> the default with in the 30-day period and proceeds with due diligence to fully cure the default.. <br /> 10. Liabil y Insurance <br /> During the Initial Term and the Renewal Terms, Lessee shall maintain, at its own <br /> expense, insu .nce 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 /> 6 <br /> 63 <br />
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