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1996-08-28 - CC Packet
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1996-08-28 - CC Packet
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�n <br /> continuation of service. Such temporary operation shall not exceed 90 days unless <br /> Tenant obtains written approval from the Landlord. <br /> 12. Lease Termination <br /> x`12 <br /> (a) Events of Termination Except as otherwise provided herein, this <br /> Lease may be terminated by either party upon sixty (60) days written notice to the other <br /> party as follows: <br /> (i) by either party upon a default of any covenant or term hereof \/ <br /> by the other party, which default is not cured within sixty (60) <br /> days of receipt of written notice of default to the other party <br /> (without, however, limiting any other rights of the parties <br /> pursuant to any other provisions hereof); <br /> (ii) by Tenant for cause if it is unable to obtain or maintain any <br /> license, permit or other governmental approval necessary for <br /> the construction and/or operation of the Antenna Facilities or <br /> Tenant's business; <br /> (iii) by Tenant for cause if the Leased Premises is or becomes <br /> unacceptable for technological reasons under the Tenant's <br /> Antenna Facilities, design or engineering specifications or the <br /> communications systems to which the Antenna Facilities <br /> belong; <br /> (iv) by Landlord if it determines, based on a report by an <br /> independent structural engineer, that the Structure is <br /> structurally unsound, including, but not limited to, consideration <br /> of age of the structure, damage or destruction of all or part of <br /> the Structure on the Leased Premises from any source, or <br /> factors relating to condition of the Leased Premises; <br /> (b) Notice of Termination The parties shall give notice of termination in <br /> writing by certified mail, return receipt requested. Such notice shall be effective upon <br /> receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said <br /> termination date shall be retained by Landlord. <br /> (c) Tenant's Liability for Early Termination If Tenant terminates this <br /> Lease other than for cause or of right as provided in this Lease, Tenant shall pay to <br /> Landlord as liquidated damages for early termination, an amount equal to 100 % of the <br /> annual rent for the year in which Tenant terminates, unless Tenant terminates during the <br /> last year of any Term under Section 4 and Tenant has paid the annual rental for that year. <br /> 8 <br />
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