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6.3. SR 05-07-2007
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6.3. SR 05-07-2007
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<br />shall reimburse Lessee for the value of the useful life of that Structural Improvement remaining <br />after termination of this Lease. The remaining value of the useful life will be calculated as <br />provided in paragraph (b)(i) of this Section. Lessor shall pay any amount due under this clause <br />by 120 days before the effective date of termination of this Lease. <br /> <br />(iii) If Lessee proposes to make any Structural Improvements after either party has <br />delivered to the other a notice of termination under Section 11.01 hereof, the Structural <br />Improvements and cost thereof shall be subject to approval by Lessor as described in this <br />paragraph (b), provided that the cost of the Structural Improvements will be shared by Lessor and <br />Lessee, with Lessee's share being the number of months remaining in the Lease Term after <br />substantial completion of the Structural Improvements, divided by the number of months of <br />useful life of the Structural Improvements, multiplied by the cost of the Structural Improvements <br />(rounding off to the nearest whole month). Lessor shall reimburse Lessee for Lessor's share of <br />the cost of the relevant Structural Improvements within 30 days after receipt of an invoice <br />therefor. <br /> <br />(iv) If Lessee constructs any Structural Improvements without approval by Lessor, <br />Lessee shall pay the entire cost of that Structural Improvement and shall not be entitled to <br />reimbursement of any value of that Structural Improvement upon termination of this Lease. <br /> <br />(c) Programming Improvements. Prior to commencing any Programming Improvements, <br />Lessee shall submit to Lessor plans and specifications for the proposed Programming Improvements <br />together with Lessor's estimate of the cost and the useful life of the proposed improvement. If the useful <br />life of the proposed Programming Improvements (as mutually determined by Lessor and Lessee in <br />accordance with federal tax principles) extends beyond the Initial Lease Term, Lessee shall not undertake <br />such Programming Improvements without written approval by Lessor. Lessor's approval shall be limited <br />to an analysis of (i) whether the Programming Improvement is reasonably necessary to accommodate a <br />programming change then occurring in similar facilities operated by Lessee in its service area, or to keep <br />the Facilities competitive; and (ii) the cost of the Programming Improvement. Lessor's approval will not <br />be unreasonably withheld or delayed. The following additional provisions govern Programming <br />Improvements: <br /> <br />(i) If Lessor terminates this Lease pursuant to Section 11.0 I hereof prior to <br />expiration of the useful life of any Programming Improvements constructed under this paragraph, <br />Lessor shall reimburse Lessee under the same terms as provided for Structural Improvements <br />under clause (b)(i) of this Section. <br /> <br />(ii) If Lessee terminates this Lease pursuant to Section 11.01 hereof, Lessee IS <br />entitled to no reimbursement of the cost or value related to any Programming Improvements. <br /> <br />(iii) If Lessee proposes to make any Programming Improvements after either party <br />has delivered to the other a notice of termination under Section 11.01 hereof, the cost of such <br />Programming Improvements shall be shared under the same basis described for Structural <br />Improvements under clause (b )(iii) of this Section 4.06. <br /> <br />(iv) If Lessee constructs any Programming Improvement without approval by Lessor, <br />Lessee shall pay the entire cost of that Programming Improvement and shall not be entitled to <br />reimbursement of any value of that Programming Improvement upon termination of this Lease. <br /> <br />(d) Construction Covenants. The following provisions govern construction of all Structural <br />and Programming Improvements: <br /> <br />14 <br />
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