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2013_0325_packet
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2013_0325_packet
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accordance with the terms and conditions of such third party offer. For purposes of this <br />Paragraph, any transfer, bequest or devise of LESSOR’s interest in the Property as a result of the <br />death of LESSOR, whether by will or intestate succession, orany conveyance to LESSOR’s <br />family members by direct conveyance or by conveyance to a trust for the benefit of family <br />members shall not be considered a sale of the Property for which LESSEE has any right of first <br />refusal. <br />19.RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) <br />to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than <br />LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and <br />to that portionof the Tower and or Property occupied by LESSEE, or a larger portion thereof, for <br />the purpose of operating and maintaining communications facilities or the management thereof, <br />such sale or grant of an easement or interest therein shall be under and subject to this Agreement <br />and any such purchaser or transferee shall recognize LESSEE’s rights hereunder under the terms <br />of this Agreement. To the extent that LESSOR grants 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 />for the purpose of operating and maintaining communications facilities or the management <br />thereof and in conjunction therewith, assigns this Agreement to said third party, the new <br />LESSOR shall not be released from its obligations to LESSEE under this Agreement, and <br />LESSEE shall have the right to look to the newLESSOR and the third party for the full <br />performance of this Agreement. <br />20.QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and <br />performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. <br />21.TITLE. LESSOR represents and warrants to LESSEE as of the execution date of <br />this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient <br />title and interest to the Property and has full authority to enter into and execute this Agreement. <br />LESSOR further covenants during the Term that there are no liens, judgments or impediments of <br />title on the Property, or affecting LESSOR’s title to the same and that there are no covenants, <br />easements or restrictions which prevent or adversely affect the use or occupancy of the Premises <br />by LESSEE as set forth above. <br />22.INTEGRATION. It is agreed and understood that this Agreement contains all <br />agreements, promises and understandings between LESSOR and LESSEE and that no verbal or <br />oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE <br />in any dispute, controversy or proceeding at law, and any addition, variation or modification to <br />this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a <br />written acknowledgment in the case provided in Paragraph 3. In the event any provision of the <br />Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and <br />enforceability of the remaining provisions of this Agreement. The failure of either Party to insist <br />upon strict performance of any of the terms or conditions of this Agreement or to exercise any of <br />its rights under the Agreement shall not waive such rights and such Party shall have the right to <br />enforce such rights at any time and take such action as may be lawful and authorized under this <br />Agreement, in law or in equity. <br />MINCRosey <br />9 <br />Tower Lease Agreement <br />2201205v4 <br /> <br />
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