2023.10.10 CC Packet - Laserfiche WebLink

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10 period greater than three (3) days, either consecutively or cumulatively, Tenant shall have the righ t to terminate this Lease within its sole discretion by giving written notice of termination to Landlord. 14. Tenant Interference . (a) With Water Tower. Tenant shall not interfere with Landlord’s use of the Water Tower and agrees to cease all such actions which unreasonably and materially interfere with Landlord’s use thereof no later than three (3) days after receipt of written notice of the interference from Landlord. In the event that Tenant’s cessation of action is material to Tenant’s use of the Leased Premises and such cessation frustrates Tenant’s use of the Leased Premises, within Tenant’s sole discretion, Tenant shall have the immediate right to terminate this Lease by giving written notice of termination to Landlord. (b) With Higher Priority Users . If Tenant’s Antenna Facilities cause impermissible interference with higher priority users as set forth under the User Priority paragraph a bove or with pre-existing tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within forty-eight (48) hours after receiving Landlord’s written notice of the interference, Tenant shall immediately cease operating 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, cont rolled 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 P remises is taken by eminent domain, either Party shall have the right to terminate this Lease as of said date of title transfer, by giving