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2000_0124_packet
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2000_0124_packet
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Roseville City Council
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Council Agenda/Packets
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b) Owner in no way guarantees to Lessee non-interference with Lessee's <br />transmission operations. <br />13. Termination. Except as otherwise provided herein, this Lease may be <br />terminated by either party upon sixty (60) days' written notice of default to the <br />other party as follows: (a) by either pariy upon a default of any covenant or <br />term hereof by the other party, which default is not cured within sixty (60) days <br />of receipt of written notice of default to the other party (without, however, <br />limiting any other rights of the parties at law, in equity, or pursuant to any other <br />provisions hereo�; (b) by Lessee if it is unable to obtain or maintain any <br />license, permit, or other governmental approval necessary for the construction <br />and/or operation of the Antenna Facilities or Lessee's business; (c) by Lessee if <br />the Property is or becomes unacceptable under the Lessee's design or <br />engineering specifications for its Antenna Facilities; (d) by Owner, upon 10 <br />days written notice to Lessee, if Lessee is in any way interfering with Owner's <br />Fire Department operations, or if it decides in its sole discretion and for any <br />reason, to expand or alter its Fire Department facilities and/or discontinue use <br />of the Properiy for all purposes; (e) by a structural engineer if it determines that <br />the Property is structurally unsound for use as a tower, including but not limited <br />to consideration of age of the structure, damage or destruction of a11 or part of <br />the Properiy from any source, or factors relating to condition of the Properiy; or <br />(fj if the FCC determines in its sole discretion that continued occupancy of <br />Property by Lessee is in fact a threat to health, safety or welfare. <br />Upon termination of this Lease for any reason, Lessee sha11 remove its tower, <br />equipment, personal property, Antenna Facilities, and leasehold improvements <br />from the Property on or before date of termination, and sha11 repair any damage <br />to the Owner's Property caused by such equipment, normal wear and tear and <br />casualty excepted; all at Lessee's sole cost and expense and to reasonable <br />satisfaction of the Owner. Any such properiy or facilities which are not <br />removed by the end of lease period shall become me property of Owner. <br />14. Insurance. <br />a) Lessee and Owner shall carry adequate insurance to protect the parties <br />against any and all claims, demands, actions, judgments, expenses, and <br />liabilities which may arise out of or result directly or indirectly from <br />Lessee's use of the Properiy. Any applicable policy shall list the Owner <br />as an additional insured and sha11 provide that it will be the primary <br />coverage. The insurance coverage must include, at least, <br />Comprehensive General Liability Insurance Coverage, including <br />premises/operation coverage, bodily injury, properiy da�nage, <br />independent contractors liability, completed operations coverage, and <br />contractual liability coverage, in a combined single limit of not less than <br />S383i <br />
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