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2013_1209_packet
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written notice from Owner specifying the failure. No such failure, however, will be deemed to exist if Lessee has <br />commenced to cure such default within such period and provided that such efforts are prosecuted to completion <br />with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control <br />of Lessee. If Lessee remains in default beyond any applicable cure period, Owner will have the right to exercise <br />any and all rights and remedies available to it under law and equity. <br />(b) The following will be deemed a default by finer and a breach of this Lease: i Owner's failure <br />to provide access to the Premises as required by Simon 8 of this Lease within twenty -four 24 hours after written <br />notice of such failure; h Owner's failure to cure an interference problem as required by Section 8 of this Lease <br />within twenty-four 24 hogs after written notice of such fair; or (iii) owner's failure to perform any tern, <br />condition or breach of any warranty or covenant under this Lease within forty -five days of written notice from <br />Lessee specifying the failure. No such failure, however, will be deemed to exist if owner has commenced to cure <br />the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. <br />Delay in curing a default will be excused if due to causes beyond the reasonable control of Owner. If Owner <br />remain in default beyond any applicable cure period, Lessee will Dave: i the right to cure Owner's default and to <br />deduct the costs of such cure from any monies due to Owner from Lessee, and H any and all other rights available <br />to it under law and equity. <br />24. CondeYnnation: In the event owner receives notification of any condemnation proceedings affecting the <br />Property, Owner will provide notice of the proceeding to Lessee within forty -eight hours. If a condemning <br />authority takes all of the Property, or a portion sufficient, in Lessee's sole determination, to render the Premises <br />unsuitable for Lessee, this Lease will terminate as of the date the title vests in the condemning authority. The <br />parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Lessee <br />will include, where applicable, the value of its Antenna Facilities, moving expenses, prepaid bent, and business <br />dislocation expenses. Lessee will be entitled to reimbursement for any prepaid Rent on a prorata basis. <br />2. Casualty. Owner will provide notice to Lessee of any casualty or other harm affecting the Property within <br />forty -eight 4 hours of the casualty or other harm. If any part of the Antenna Facilities or Property is damaged by <br />casualty or other harm as render the Premises unsuitable, m Lessee's sole determination, then Lessee may <br />terminate this Lease by providing written notice to Owner, which termination will be effective as of the date of <br />such casualty or other harm. Upon such termination, Lessee will be entitled to collect all insurance proceeds <br />payable to Lessee on account thereof and to e reimbursed for any prepaid bent on a prorata basis. Owner agrees <br />to pmt Lessee to place temporary transmission and reception facilities on the Property, but only in a location that <br />is mutually agreed upon at the time and only until such time as Lessee is able to activate a replacement transmission <br />facility at another location; notwithstanding the termination of this Lease, such temporary facilities will be <br />governed by all of the terms and conditions of this Lease, including Rent. if Omer or Lessee undertakes to rebuild <br />or restore the Premises and/or the Antenna Facilities, as applicable, Owner agrees to permit Lessee to place <br />temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the <br />Premises and/or the Antenna Facilities is completed. If Owner determines not to rebuild or restore the Property, <br />Owner will notify Lessee of such determination within dirty o days aver the casualty or other harm. If Owner <br />does not so notify Lessee, and Lessee decides not to terminate under this Section, then Owner will promptly rebuild <br />or restore any portion of the Property interfering with or required for Lessee's Permitted Use of the Premises to <br />substantially the same condition as existed before the casualty or other harm. owner agrees that the Rent shall be <br />abated until the Property and/or the Premises are rebuilt or restored, unless Lessee places temporary transmission <br />and reception facilities on the Property. <br />[SIGNATURES APPEAR. ON NEXT PAGE] <br />
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