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(Nextel Site#MN0072) <br /> or the Site,Nextel will make a final payment of Zero Dollars ($0). No <br /> refund of rent previously paid is due from Owner. <br /> 2. Vacation and Surrender of the Site; Site Acceptance. <br /> a. Owner and Nextel have expressly agreed that, on or before the Termination <br /> Date,Nextel will vacate and surrender the Site to Owner in its current"AS- <br /> IS" condition, except that Nextel will: <br /> i. Perform the following restoration work(the "Restoration Work"): <br /> Plug holes on water tower caused by Nextel's installation and <br /> equipment removal and paint to match water tower. <br /> ii. Remove from the Site the following (the "Removed Equipment"): <br /> Nextel's radios, back-up batteries, air conditioners, coaxial cables <br /> and associated mounting hardware (except as noted below), <br /> antennas and associated mounting hardware, above ground conduit <br /> and wiring, above ground grounding systems and associated <br /> hardware. <br /> iii. Leave on Site the equipment shelter inside the water tower structure <br /> and the conduit racks inside the shelter. <br /> Nextel will have no further obligation(notwithstanding anything to the contrary <br /> contained in the Lease or otherwise)to remove the Communications Facility (all <br /> of which will be deemed abandoned by Nextel and accepted by Owner) or <br /> otherwise repair or restore the Site or any other portion of Owner's Property. <br /> b. Upon Nextel's vacation of the Site, Owner and Nextel will each execute <br /> duplicate originals of the "Site Acceptance and Release" in the form <br /> attached hereto as Exhibit A("Site Acceptance"). Owner's execution of <br /> the Site Acceptance will constitute conclusive evidence and proof that <br /> Nextel has vacated and surrendered the Site to Owner in a condition that,to <br /> the best of the Owner's knowledge, is as required by the Lease and this <br /> Agreement, and that any portion of the Communications Facility (and any <br /> other equipment or property) remaining on Owner's Property will be <br /> deemed abandoned by Nextel and accepted by Owner, on the terms set <br /> forth therein. <br /> 3. Voluntary Agreement. The parties have read this Agreement and the releases <br /> contained herein and, on advice of counsel, have freely and voluntarily entered into this <br /> Agreement with full understanding of its terms. <br /> 4. Recitals. The above recitals are an integral and substantive part of this Agreement <br /> and are incorporated herein. <br /> 2 <br /> 04 iDEN DeComm Lease Termination Agreement 05142012 <br /> 412167 CLL NE 136-131 <br />