7A, Zayo Site Lease Agreement - Laserfiche WebLink

Home Browse Search

nlaterial to Tenant's use of the Leased Premises and such cess�tion frustrates Tenant's use af t�e Leased Premises, within Tenant's sole discretion, Tenant shall have the immec�iate right to ter�n�nate this Lease. b) With Pre-Existin� U�ers. If the System causes impermissibie interference witlz pre-existing tenants with equi�ment i�stailed prior to tile Effeciive Date, Tenani si�ali take all measures n�cessary ta correct and elirninate tlie i�terference. I� the interference cannot be eliminated withsn 48 hours after receiving Landlord`s written notice of the interference, Tenant shail immediately cease operating the System and shal� not reactivate operation, except iniermitter�t operation for the purpose of testing, ur�til ille interference has been eiiminated. If the interference cannot be eliminaied within sixty (60} days after delivering written notice to the other party, L�.ndlord or Tenant may tenni�ate this Lease imrnecliate�y. 19. Assi�ninent. Tenant rnay, upon written notice to Landlard, trar�sfer (by assignz�nent or s�blease) its rights arising under this Lease �o any corparation, partnership or other entity which (i) is conirolled by, controlling or «nder comrz�►on control with Tenant, (ii) sl�all �nerge or consoiidate with or into Tenant, (iii} shall succeed to atl ar substantially ail the assets, property and business of Tenant, or {ivj may t�e req«ired in connection wit(i any offering, merger, acauisition, recognized security exchange or financing. Upon such assignment, Tenant shall be relieved of a�l liabi�ities and obligations i7ereunder and Land�ord shali laok soleiy to the assi�nee for perfo�rr�ance ur�der this Lease and all obligations I�ereunder. Said assignment si�al! only be effective upon receipt by Landlord of written acknowledg�men� from assignee of thezr assumption of all liabilities and obligations hereunder. Under all other circumstances, such transfer shall require Landlord's written consent, wllich consent s�all not be unreasona�ty withheld, conditioned ar delayed. Notwithsianding anything ta t11e co�trary herein, Landlord hereby consents to the assignment by Tenant of its rights under this Lease as co�lateral to any enii�y, which provides fi�ancing for the purcl�ase o� the equipment to be installed at the Leased Premises {"S�cured Party"). 20. Condemnation. In the event the whale of the Leased Premises is taken by eminent domain, this Lease shali termir►ate as af the date title �o the Lcased Premises vesis in the condetnnin� authority. In event a portion of the Leased Pr�rraises is taken by eminent dornain, either party shali have t(�e ri�ht to termit�ate this Lease as of said date of title transfer, by giving thirty (30} days' written notfce to ti�e at�ler party. In the event o� any taking ur�der t�e pawer of eminent dor�zain, Tenant shall r�oi be entitled to any portion of the reward paid for ihe taking and the Landlord shall receive fuil amount of such award. Tenant h�reby expressl� waives any right ar cl�.im to any portion thereof. Althougl� ali damages, whether awarded as cornpensatio�► for diminution in value af the leasehold or ta the fee of the Leased �'rerriises, shall belong to Landlord, Tenant shall have the r�g�t to claim at�d recaver fra�n the condemning authority, but not from Landlord, such compensation as may be se�arately awarded or recoverable by Te��ant on account of any and all damage to Tenant's business and any casts or e�penses incurred by Tenan� in moving/removing the System_ 7