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2013_0325_packet
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2013_0325_packet
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same or, if the Property is damaged by fire or other casualty so that such damage may reasonably <br />be expected to disrupt LESSEE’s operations at the Premises for more than forty-five (45) days, <br />then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not <br />completed the restoration required to permit LESSEE to resume its operation at the Premises, <br />terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such <br />notice of termination shall cause this Agreement to expire with the same force and effect as <br />though the date set forth in such notice were the date originally set as the expiration date of this <br />Agreement and the Parties shall make an appropriate adjustment, as of such termination date, <br />with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, <br />the rent shall abate during the period of repair following such fire or other casualty in proportion <br />to the degree to which LESSEE’s use of the Premises is impaired. <br />33.CONDEMNATION. In the event of any condemnation of the Property, Premises <br />or Tower, LESSEE, in LESSEE’s sole discretion, is unable to use the Premises for the purposes <br />intended hereunder, orif such condemnation may reasonably be expected to disrupt LESSEE’s <br />operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE’s <br />option, to be exercised in writing within fifteen (15) days after LESSOR shall have given <br />LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days <br />after the condemning authority shall have taken possession) terminate this Agreement as of the <br />date the condemning authority takes such possession. LESSEE may on its own behalf make a <br />claim in any condemnation proceeding involving the Premises for losses related to the <br />equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss <br />of its leasehold interest). Any such notice of termination shall cause this Agreement to expire <br />with the same force and effect as though the date set forth in such notice were the date originally <br />set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment <br />as of such termination date with respect to payments due to the other under this Agreement. If <br />LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement <br />shall remain in full force and effect as to the portion of the Premises remaining, except that the <br />rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to <br />the total rentable area of the Premises. In the event that this Agreement is not terminated by <br />reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused <br />by such condemning authority. <br />34.SUBMISSION OF AGREEMENT / PARTIAL INVALIDITY/AUTHORITY. <br />The submission of this Agreement for examination does not constitute an offer to lease the <br />Premises and this Agreement becomes effective only upon the full execution of this Agreement <br />by the Parties. If any provision herein is invalid, it shall be considered deleted from this <br />Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the <br />Partieshereto warrants to the other that the person or persons executing this Agreement on <br />behalf of such Party has the full right, power and authority to enter into and execute this <br />Agreement on such Party’s behalf and that no consent from any other person or entity is <br />necessary as a condition precedent to the legal effect of this Agreement. <br />35.APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property <br />and all structural elements of the Premises in compliance with all applicable laws, rules, <br />regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and <br />restrictions of record, permits, building codes, and the requirements of any applicable fire <br />MINCRosey <br />13 <br />Tower Lease Agreement <br />2201205v4 <br /> <br />
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