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2.7. ERMUSR 03-15-2016
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2.7. ERMUSR 03-15-2016
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3/15/2016 10:25:52 AM
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default (without, however, limiting any other rights available to the parties pursuant to <br /> other provisions 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 /> approval 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 and the Equipment will be installed; or <br /> (c) By Lessor by giving Lessee twelve (12) months written notice that the <br /> Water Tower is going to be abandoned or relocated. <br /> (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 within sixty (60) days and return the Water Tower and <br /> the Property to their original condition (as of the Commencement Date of this Lease), normal <br /> wear and tear excepted. Lessee shall provide Lessor, at the Commencement Date of this Lease,a <br /> letter of credit or performance bond or cash ("Security") in the amount of $10,000 to secure <br /> Lessees compliance with this requirement. The Security shall be kept current at all times that <br /> this Lease is in effect, and failure to keep the Security current shall constitute a default by <br /> 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 /> 6 <br /> 131 <br />
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