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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 9 <br />(d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant <br />shall have sixty (60) days from the termination or expiration date to remove its Antenna <br />Facilities and related equipment from the Leased Premises, and repair the site and restore the <br />surface of the Water Tower, normal wear and tear excepted. Upon the commencement of this <br />Lease, Tenant shall provide a letter of credit, performance bond or cash deposit in the amount of <br />Ten Thousand Dollar ($10,000.00) to guarantee timely restoration of the Leased Premises <br />following any Lease termination. In the event that Tenant’s Antenna Facilities and related <br />equipment are not removed to the reasonable satisfaction of Landlord, they shall be deemed <br />abandoned and become the property of Landlord and Tenant shall have no further rights thereto. <br /> <br />12. Limitation of Landlord’s Liability. If Landlord terminates this Lease, except as a <br />matter of right as provided in this Lease, or Landlord causes interruption of the business of <br />Tenant or for any other Landlord breach of this Lease, Landlord’s liability for damages to Tenant <br />shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall <br />specifically exclude any other recovery of damages to Tenant including, but not limited to, value <br />of the business of Tenant as a going concern, future expectation of profits, loss of business or <br />profit or related damages to Tenant. <br /> <br />13. Temporary Interruptions of Service. If Landlord determines that continued operation <br />of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or <br />safety (except for any issues associated with human exposure to radio frequency omissions, <br />which is regulated by the federal government), Landlord may order Tenant to discontinue its <br />operation. Tenant shall immediately comply with such an order. Service shall be discontinued <br />only for the period that the immediate threat exists. If Landlord does not give prior notice to <br />Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for <br />taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in <br />Tenant’s service or interference with Tenant’s operation of its Antenna Facilities. If the <br />discontinuance extends for a period greater than three (3) days, either consecutively or <br />cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion by <br />giving written notice of termination to Landlord. <br /> <br />14. Tenant Interference. <br /> <br />(a) With Water Tower. Tenant shall not interfere with Landlord’s use of the Water <br />Tower and agrees to cease all such actions which unreasonably and materially interfere with <br />Landlord’s use thereof no later than three (3) business days after receipt of written notice of the <br />interference from Landlord. In the event that Tenant’s cessation of action is material to Tenant’s <br />use of the Leased Premises and such cessation frustrates Tenant’s use of the Leased Premises, <br />within Tenant’s sole discretion, Tenant shall have the immediate right to terminate this Lease by <br />giving written notice of termination to Landlord. <br /> <br />(b) With Higher Priority Users. If Tenant’s Antenna Facilities cause impermissible <br />interference with higher priority users as set forth under the User Priority paragraph above or <br />with pre-existing tenants, Tenant shall take all measures necessary to correct and eliminate the <br />interference. If the interference cannot be eliminated within forty-eight (48) hours after <br />receiving Landlord’s written notice of the interference, Tenant shall immediately cease operating
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