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2016.11.09 CC Combined
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2016.11.09 CC Combined
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DRAFT <br />3-2-16 <br /> <br />475988v2 TJG NE136-131 8 <br /> <br />(a) Events of Termination. Except as otherwise provided herein, this Lease may be <br />terminated by either Party upon sixty (60) days’ written notice to the other party as follows: <br /> <br />(i) By either Party upon a default of any material covenant or term hereof by <br />the other Party, which default is not cured within sixty (60) days of receipt of written <br />notice of default to the other Party (without, however, limiting any other rights of the <br />Parties pursuant to any other provisions hereof); <br /> <br />(ii) By Tenant for cause if it is unable to obtain or maintain any license, <br />permit or other governmental approval necessary for the construction and/or operation of <br />the Antenna Facilities; <br /> <br />(iii) By Tenant as a result of a Federal Communications Commission ruling or <br />regulation, that is beyond the control of Tenant, issued after the Commencement Date <br />that materially interferes with Tenant’s ability to carry out its operation of the Antenna <br />Facilities; <br /> <br />(iv) By Landlord, if its Council decides, for any reason, to redevelop the <br />Property and/or discontinue use of the Water Tower for all purposes or any purpose <br />inconsistent with this Lease. In any such event, Landlord shall provide a one (1) year <br />written notice to Tenant. <br /> <br />(v) By Landlord if it determines that the Water Tower is structurally unsound <br />including, but not limited to, consideration of age of the Water Tower, damage, or <br />destruction of all or part of the Water Tower on the Property from any source; <br /> <br />(vi) By Landlord if it determines that the Antenna Facilities unreasonably <br />interferes with another user of the Leased Premises with a higher priority, regardless of <br />whether or not such an interference was predicted in the initial interference study that was <br />part of the application process; or <br /> <br />(vii) By Landlord if it determines that Tenant has failed to comply with <br />applicable ordinances, or state or federal law, or any conditions attached to government <br />approvals granted thereunder, after a public hearing before Landlord’s Council. <br /> <br />(b) Prepaid Rent. Notice of termination shall be given in accordance with Section 18. <br />All rentals paid for the Lease prior to termination shall be retained by Landlord. <br /> <br />(c) Tenant’s Liability for Early Termination. If Tenant terminates this Lease during <br />the Initial Term, except as a matter of right as provided in this Lease, Tenant shall pay to <br />Landlord one hundred percent (100%) of the rent due for the remaining Initial Term of the <br />Lease. If Tenant terminates this Lease during a Renewal Term, except as a matter of right as <br />provided in this Lease, Tenant shall pay to Landlord a termination fee equal to one (1) year’s rent <br />at the then current rate. <br />
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