2006-10-25 CC Packet - Laserfiche WebLink

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4. Termination. After the Rent Guarantee Period, Tenant may terminate the Agreement at any time with sixty (60) days prior written notice to Landlord; provided, that Tenant pays to Landlord an amount equal to twelve (12) months of the then current Rent. Notwithstanding any other provision of the Agreement or of this Second Amendment, Tenant may terminate the Lease, during the Rent Guarantee Period upon; a) Landlord default, or b) condemnation of or casualty or interference at the Premises, that substantially hinders Tenant's ability to use the Premises. Upon such tennination, Tenant shall be released from any and all of its obligations to pay Rent during the Rent Guarantee Period as of the effective date of such termination. 5. following: Section 23 of the Lease are hereby deleted in its entirety and replaced with the NOT! CES. All notices, requests, demands and communications hereunder will be given by first class certified mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when received, refused, or returned undeliverable. Notices will be addressed to the parties as follows: as to Tenant, T-Mobile Central LLC, a Delaware limited liability company, 8550 W. Bryn Mawr Avenue, Chicago, IL 60631 - Attn: PCS Lease Administrator, Cell Site # Al NOOO3A, Cell Site Name CenteIville; with a copy to: T-Mobile Central LLC, a Delaware limited liability company, 12920 S.E. 38th Street, Bellevue, Washington 98006 - Attn.: Legal Department, Re: Cell Site # AIN0003A, Cell Site Name Centerville; and as to Landlord, City of CenteIville, Minnesota, 1880 Main Street, Centerville, MN 55038 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 6. Assignment. Landlord shall have the right to assign or otherwise transfer the Lease and the easements granted therein upon written notice to Tenant, except that any assignment or transfer of the Lease which is separate and distinct from a transfer of Landlord's entire right, title and interest in the Property shall require the prior written consent of Tenant which may be withheld in Tenant's sole discretion. Upon such assignment, including assignment where Tenant's consent is required and received, Landlord shall be relieved of all liabilities and obligations hereunder and Tenant shall look solely to the assignee for performance under the Lease and all obligations thereunder. Page 20f3 l~