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pf_03303
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Last modified
10/26/2007 11:55:45 AM
Creation date
12/9/2004 7:23:15 AM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3303
Planning Files - Type
Conditional Use Permit
Address
2335 DALE ST N
Applicant
Qwest
Status
Approved
Date Final City Council Action
6/26/2001
Planning Files - Resolution #
9906
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<br />(~) Upon Owner's written consent. which shall not be unreasonably withheld. <br />conditioned or delayed, Lessee may assign or sublet this Lease, in part or in whole, including its <br />right to renew, to anv person or business entity which is licensed by the Federal Communications <br />Commission. <br /> <br />(b) Lessee shaH have the right to assign this Agreement and/or the Lease, in <br />whole or in part (including any rights to renew), or to sublet all or a part of the Site, without <br />Owner's consent, to any of Lessee's Affiliates (as defined below), on the same terms and <br />conditions hereof. Any such assignee or sublessee shall have a similar right to assign this <br />Agreement and/or the Lease, in whole or in part (including any rights to renew) or to sublet all or <br />a part of the Site, without Owner's consent. to anv of Lessee's Affiliates, on the same teDTIS and <br />conditions hereof. As used herein, "Lessee's Affiliates" means any corporation or entity which <br />controls, is controlled by, or is under common control with, Lessee, or any corporation or entity <br />which resultsITom a merger or consolidation \vith Lessee or with any entity that controls Lessee. <br />No transfer or assignment of the stock of Lessee, or any controlling interest in Lessee, whether <br />by sale, merger, exchange or other means, shall constitute an assignment of this Lease. <br /> <br />(c) Upon notification to Owner of any pernlitted assignment, Lessee shall be <br />relieved of all performance, liabilities and obligations under this Agreement. <br /> <br />24. Resolution of Disputes. Any claim, controversy or dispute between the parties <br />will be resolved bv binding arbitration in accordance with the Federal Arbitration Act, 9 US.C. <br />Sections 1-16. not state law. The arbitration win be conducted by a retired judge or a practicing <br />attorney under the rules of the American Arbitration Association. The arbitrator's decision will <br />be final and may be entered in any court with jurisdiction. Each party is responsible for its own <br />costs. The arbitration will be conducted in the county where the Site is located. There will be no <br />discovery other than the exchange of infornlation which is provided to the arbitrator by the <br />parties. <br /> <br />83831 <br /> <br />11 <br />
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