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2000_0627_packet
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2000_0627_packet
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5/12/2014 4:07:08 PM
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Roseville City Council
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Council Agenda/Packets
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16. Termination. <br />a) Except as otherwise provided herein, this Lease may be terminated, without <br />penalty or further liability, on sixty (60) days written notice as follows: <br />by either party upon a default of any covenant or term hereof by the other <br />party which default is not cured within sixty (60) days of receipt of written <br />notice of default (without, however, limiting any other rights available to <br />the parties pursuant to any other provisions hereof�; <br />ii. by Lessee if it is unable to obtain or maintain any license, permit, or other <br />Governmental Approval necessary to the installation and/or operation of <br />the Antenna Facilities or Lessee's business; <br />iii, by Lessee if the Property is or becomes unacceptable under Owner's <br />design or engineering specifications for its Antenna Facilities or the <br />communications system to which the Antenna Facilities belong; <br />iv. by Owner if Lessee is in any way interfering with Owner's Fire <br />Department operations, or upon three hundred sixty (360) days written <br />notice if it decides in its sole discretion and for any reason, to expand or <br />alter its Fire Department facilities and/or discontinue use of the Property <br />for all purposes; <br />v. by Owner, upon three hundred sixty (360) days written noticc if its <br />Council decides for any reason, to redevelop the Premises and/or <br />discontinue use of the Property for all purposes; <br />vi. by Owner if it determines that the Property is structurally unsound for use <br />as a tower, including by not limited to consideration of age of the <br />structure, damage or destruction of all or part of the Property from any <br />source, or factors relating to condition of the Property; <br />vii. by Owner if it determines that Lessee has failed to comply with applicable <br />ordinances, or state or federal law, or any conditions attached to <br />government approvals granted thereunder, and the failure to comply is not <br />cure within sixty (60) days of receipt of written notice of failure to comply, <br />and after a public hearing before the Owner's Council; or <br />viii. by Owner if the FCC determines in its sole discretion that continued <br />occupancy of Property by Lessee is in fact a threat to health, safety or <br />welfare. <br />b) Notice of Termination. The parties shall give notice of termination in writing by <br />certified mail, return receipt requested. Such notice shall be effective upon receipt <br />
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