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9 <br />235433v5 <br /> <br />(b) Lessee may terminate this Lease other than as expressly provided above at <br />any time, so long as Lessee pays to Lessor as liquidated damages for early termination, <br />an amount equal to the then current annual Lease Payment for the year in which Lessee <br />terminates. Such payment shall be made within thirty (30) days of Lessee’s written notice <br />of termination. <br />Within one hundred twenty (120) days after the termination of this Lease, the <br />Lessee must remove all of its above-ground Equipment from the Water Tower and the <br />Property and return the Water Tower and the Property to their original condition (as of <br />the Commencement Date of this Lease), normal wear and tear excepted. Notwithstanding <br />the foregoing, Lessee will not be responsible for the replacement of any trees, shrubs or <br />other vegetation. 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 $10,000.00 to <br />secure Lessee’s compliance with this requirement. The Security shall be kept current at <br />all times that this Lease is in effect, and failure to keep the Security current shall <br />constitute a default by Lessee. <br />(c) In addition to termination of this Lease, Lessor shall have all other rights <br />and remedies available to it at law or in equity (including an action for money damages or <br />injunctive relief) in the case of a Lessee default that remains uncured for a period of thirty <br />(30) days after written notice to Lessee; provided however that if a non-monetary default <br />cannot reasonably be cured within the 30-day period, this Lease may not be terminated if <br />Lessee commences action to cure the default within the 30-day period and proceeds with <br />due diligence to fully cure the default. <br />(d) The following will be deemed a default by Lessor and a breach of this <br />Lease: (i) Lessor’s failure to provide access to the Premises as required by Section 2 <br />within twenty-four (24) hours after written notice of such failure; (ii) Lessor’s failure to <br />cure an interference problem as required by Section 12 within seventy-two (72) hours <br />after written notice of such failure; or (iii) Lessor’s failure to perform any term, condition <br />or breach of any warranty or covenant under this Lease within thirty (30) days after <br />written notice from Lessee specifying the failure. No such failure, however, will be <br />deemed to exist if Lessor has commenced to cure the default within such period and <br />provided such efforts are prosecuted to completion with reasonable diligence. Delay in <br />curing a default will be excused if due to causes beyond the reasonable control of Lessor. <br />If Lessor remains in default beyond any applicable cure period, Lessee will have: (i) the <br />right to cure Lessor’s default and to deduct the costs of such cure from any monies due to <br />Lessor from Lessee, and (ii) any and all other rights available to it under law and equity. <br />10. Liability Insurance <br />(a) During the Term, Lessee will carry, at its own cost and expense, the <br />following insurance: (i) workers’ compensation insurance as required by law; and (ii) <br />commercial general liability (CGL) insurance with respect to its activities on the <br />Property, such insurance to afford protection of up to One Million Dollars ($1,000,000) <br />per occurrence and Two Million Dollars ($2,000,000) general aggregate, based on <br />Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing <br />183