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2013_1209_packet
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Lessee shall have the right, without the owner's consent, to assign this Lease to any parent subsidiary or affiliate of <br />Lessee or any entity into which Lessee may be merged or consolidated or which purchases all or substantially all of <br />the assets of the Lessee in the market as defined by the FCC in which the Property is located. Upon notification to <br />Owner of such assignment, Lessee will be relieved of all future performance, liabilities and obligations under this <br />Lease to the extent of such assignment. Lessee may net otherwise assign this Lease or sublease the Premises <br />without Owner's consent, such consent not to be unreasonably withheld, conditioned or delayed. Any approved <br />sublease that is entered into by the Lessee shall be subject to all of the provisions of this Lease. <br />b The parties acknowledge that the lease of the Property is nova- exclusive. Subject to the terms herein, <br />nothing in this Lease shall preclude the Owner from leasing other space on the Property (outside the Premises) for <br />communications equipment to any person or entity which may be in competition with the Lessee, or any other <br />per. <br />1. Successors and Assigns. This Lease shall run with the Property. This Lease shall be binding upon and inure to <br />the benefit of the parties, their respective successors, personal representatives and assigns. <br />22. Miscellaneous. <br />A Each party agrees to furnish to the other, within thirty days after written request, such truthful <br />estoppels information as the other may reasonable request, <br />B) This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, <br />negotiations, and other agreements of any kind. There are no representations or understandings of any <br />kind not set forth herein. Any modification of or amendment to this Lease roust be in writing and <br />executed by both parties. No provision of this Lease will be deemed waived by either party Mess <br />expressly waived in writing by the waving party* No waiver by either party of any provisions of this <br />Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to <br />such provision. <br />This Lease shall be construed in accordance with the laws of the Mate of Minnesota. <br />D) If any term of this Lease ins found to be void or invalid, such invalidity shall not affect the remaining <br />terms of the Lease, which shall continue in full force and effect. <br />E Contemporaneously with the execution of this Lease, and thereafter upon request by either party, the <br />parties agree to promptly execute and deliver a recordable memorandum of this Lease substantially in <br />the form attached hereto as Exhibit C which may be recorded by the party requesting the Memorandum <br />of lease. <br />F Owner waives any lien rights it may have, statutory or otherwise regarding Lessee's Antenna Facilities <br />or any portion thereof, all of which shall be deemed personal property, whether considered real or <br />personal property under applicable state laws. Owner consents to Lessee's right to remove all or any <br />portion of the Antenna Facilities from time to time in Lessees sole discretion and without Owner's <br />consent. <br />G As a condition precedent to payment, Owner agrees to provide Lessee with a completed IRS Form w- <br />, or its equivalent, upon execution of this Lease and at such other dines as may be reasonably <br />requested by Lessee, including, any change in Owner's name or address. <br />23. Default and Right to Cure. <br />a The following will be deemed a default by Lessee and a breach of this Lease: i non- payment of <br />Rent if such Rent remains unpaid for more than thirty 3 days after written notice from Owner of such failure to <br />pay; or (ii) Lessee's failure to perform any other terra or condition under this Lease within forty -five days after <br />
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