Laserfiche WebLink
notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable <br />steps necessary to correct and eliminate the interference, including but not limited to, at <br />LESSEEā€™s option, powering down such equipment and later powering up such equipment for <br />intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate <br />the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. <br />LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in <br />the future take possession of the Property will be permitted to install only such equipment that is <br />of the type and frequency which will not cause harmful interference which is measurable in <br />accordance with then existing industry standards to the then existing equipment of LESSEE. <br />The Parties acknowledge that there will not be an adequate remedy at law for noncompliance <br />with the provisions of this Paragraph and therefore, either Party shall have the right to equitable <br />remedies, such as, without limitation, injunctive relief and specific performance. <br />16.REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or <br />within ninety (90) days after any earlier termination of the Agreement, remove its building(s), <br />antenna(s), equipment, conduits, fixtures and all personal property and restore thePremises to its <br />original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and <br />acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE <br />shall remain the personal property of LESSEE and LESSEE shall have the right to remove the <br />same at any time during the Term, whether or not said items are considered fixtures and <br />attachments to real property under applicable Laws. If such time for removal causes LESSEE to <br />remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then <br />existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment <br />term, until such time as the removal of the building, antenna structure, fixtures and all personal <br />property are completed. <br />17.HOLDOVER. LESSEE has no right to retain possession of the Premises or any <br />part thereof beyond the expiration of that removal period set forth in Paragraph 16 herein, unless <br />the Parties are negotiating a new lease or lease extensionin good faith. In the event that the <br />Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE <br />holds over in violation of Paragraph 16 and this Paragraph 17, then the rent then in effect payable <br />from and after thetime of the expiration or earlier removal period set forth in Paragraph 16 shall <br />be equal to the rent applicable during the month immediately preceding such expiration or earlier <br />termination. <br />18.RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or <br />otherwise transfer all or any portion of the Property, whether separately or as part of a larger <br />parcel of which the Property is a part,for the purpose of operating and maintaining <br />communications facilities or the management thereof, with or without an assignment of this <br />Agreement to such third partyor (ii) to grant to a third party by easement or other legal <br />instrument an interest in and to that portion of the Tower and or Property occupied by LESSEE, <br />or a larger portion thereof, for the purpose of operating and maintaining communications <br />facilities or the management thereof, with or without an assignment of this Agreement to such <br />third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or <br />transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide <br />offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or <br />grant the easement or interest in the Property or portion thereof to such third person in <br />MINCRosey <br />8 <br />Tower Lease Agreement <br />2201205v4 <br /> <br />