2016.11.09 CC Combined - Laserfiche WebLink

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DRAFT 3-2-16 475988v2 TJG NE136-131 10 its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Tenant received Landlord’s written notice, Landlord may at its option terminate this Lease immediately. (c) Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises, Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord’s choosing perform the necessary interference studies to determine if the new applicant’s frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless Landlord or other higher priority user requests the use. In that event, Tenant and all other tenants occupying the Water Tower shall pay for the necessary interference studies on a pro rata basis. 15. Assignment and Subleasing. This Lease shall run with the Property and shall be binding on and inure to the benefit of the Parties, their respective successors, personal representatives and assigns. Tenant will not assign or transfer this Lease or sublet all or any portion of the Leased Premises without the prior written consent of Landlord provided, however, that Tenant may assign or sublet without Landlord’s consent to any party controlling, controlled by or under common control with Tenant or to any party which acquires substantially all assets of Tenant. Tenant shall make no other assignment or transfer of this Lease without obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. 16. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In the event a portion of the Leased Premises is taken by eminent domain, either Party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days’ written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution is value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant’s business and any costs or expenses incurred by Tenant in moving/removing its Antenna Facilities. 17. Enforcement and Attorneys’ Fees. In the event that either Party to this Lease shall bring a claim to enforce any rights hereunder, the prevailing Party, as deemed by the arbitrator or court, including appellate courts, shall be entitled to recover costs and reasonable attorneys’ fees incurred as a result of such claim, but in no event shall such fees and costs recoverable exceed Seven Thousand Five Hundred Dollars ($7,500.00).