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<br />(5) by Landlord after the expiration of the second Renewal Term, and upon <br />one year's prior written notice to Tenant, if an independent licensed <br />structural engineer determines that the W ater Tower is structurally <br />unsound, including, but not limited to, consideration of age of the Water <br />Tower, damage or destruction of all or part of the Water Tower on the <br />Leased Premises from any source; <br /> <br />(6) by Landlord if Tenant fails to comply with applicable ordinances, or state <br />or federal law, or any conditions attached)o government approvals <br />granted thereunder, after a public hearing befdr~the Landlord's Council. <br />'C, <br /> <br />(b) Notice of Termination. The parties shall giv".J:\lpti~~.of Termination in writing <br />by certified mail, return receipt requested.E;:u~h Ndti@",shall be effective upon <br />receipt as evidenced by the return receipt,dr such lai~t4ate as stated in the <br />Notice. All rentals paid for the Lease prior to said terrfiin1'ltion date shall be <br />retained by Landlord, unless such termination is due to anl.ll1<:ured default or <br />breach by Landlord, or Landlord's, or third party's, interfere!)Ce with the <br />Communication Antenna Facilities and/or Te!)ant's operations. <br /> <br />(c) Tenant's Liabilitv for Early Termination. If Tenant terminates this Lease other <br />than of right as provided in this Lease, Tenant shall pay to Landlord as <br />liquidated damages for early tertl1mation, twent,y-five25% of the annual rent for <br />the year in which Tenantterminates,(ll.rdess Tehl.\ht terminates during the last <br />year of any.T.""w under ParagraphSahdT~ant has paid the annual rental for <br />that year in which event, no further amounts shlill be due Landlord. <br /> <br />(d) Securitv/Site Restoration. On the Effective Date of this Lease, Tenant shall <br />deposit "lyith Landlord the sum of five thousand and noli 00 dollars <br />($5,000.00),(removal-restorationsecurity) to guarantee Tenant's performance of <br />the allegations described in this subdivision. In the event that the Lease is <br />terminated. or Ilotrenewed, Tenant shaII have sixty (60) days from the date of <br />terminatidl1pr expiration to remove the Accessory Building and Communication <br />Antenna Facilities from the Landlord Property; to restore the Landlord to its <br />condition prior to Tenant's use; and to restore the surface of the Water Tower. If <br />Tenant satisfi.es its removal and restoration obligations, the removal-restoration <br />security shall be refunded to Tenant, or, otherwise such security should be <br />retained by. the Landlord and the Accessory Building and Communication <br />Antenn.aFacilities shall be deemed abandoned and become the property of the <br />Landlord and tenant shaII have no further rights thereto. <br /> <br />16. Limitation of Liability. Notwithstanding anything to the contrary herein, neither party <br />shall be liable to the other for indirect, special, incidental or consequential damages, <br />including, without limitation, loss of profits, income or business opportunities to the <br />other.. <br /> <br />9 <br />