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CC_Minutes_2013_0325
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CC_Minutes_2013_0325
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4/25/2013 1:26:28 PM
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4/25/2013 1:15:03 PM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
3/25/2013
Meeting Type
Regular
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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 /> 23. GOVERNING LAW. This Agreement and the performance thereof shall be <br /> governed, interpreted, construed and regulated by the Laws of the State in which the Property is <br /> located. <br /> 24. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the <br /> LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, <br /> subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's <br /> assets in the market defined by the Federal Communications Commission in which the Property <br /> is located by reason of a merger, acquisition or other business reorganization. As to other <br /> parties, this Agreement may not be sold, assigned or transferred without the written consent of <br /> the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. <br /> No change of stock ownership, partnership interest or control of LESSEE or transfer upon <br /> partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. <br /> 25. NOTICES. All notices hereunder must be in writing and shall be deemed validly <br /> given if sent by certified mail, return receipt requested or by commercial courier, provided the <br /> courier's regular business is delivery service and provided further that it guarantees delivery to <br /> the addressee by the end of the next business day following the courier's receipt from the sender, <br /> addressed as follows (or any other address that the Party to be notified may have designated to <br /> the sender by like notice): <br /> LESSOR: City of Roseville <br /> 2660 Civic Center Drive <br /> Roseville, Minnesota 55113 <br /> (651) 792-7031 <br /> LESSEE: Verizon Wireless (VAW) LLC <br /> d/b/a Verizon Wireless <br /> 180 Washington Valley Road <br /> Bedminster,New Jersey 07921 <br /> Attention:Network Real Estate <br /> Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained <br /> pursuant to the foregoing. <br /> 26. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal <br /> representative, successors and assigns of the Parties hereto. <br /> 27. SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain not <br /> later than fifteen (15) days following the execution of this Agreement, a Non-Disturbance <br /> MINC Rosey <br /> Tower Lease Agreement 10 <br /> 2201205v6 <br />
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