2001_0626_packet - Laserfiche WebLink

Home

(c) Owner warrants to Lessee the use and quiet enjoyment of the Site. Owner agrees that it shall not use, nor shall it permit its Lessees, employees, invitees or agents to use, any portion of the Site or Owner's Property in any way which would interfere with Lessee's telecommunications operations, provided that continued use by Owner or E�sting Lessees in the same manner as e�sted as of the Effective Date shall not constitute interference with Lessee's telecommunications operations. Notwithstanding the foregoing, Lessee warrants to Owner that it will not interfere with any of Owner's e�sting or future transmission needs. (d) In the event Owner elects to permit a third party to use any of Owner's Property for the purpose of installing Communications Facilities, Owner shall, thirty (30) days prior to the issuance of such authority, deliver to Lessee engineering studies or other appropriate evidence received by Owner from such third pariy that such use will not interfere with Lessee's operations at the Site. Should Lessee determine, based on such materials or on its own studies, that the third pariy will interfere with Lessee's operations, and so notify Owner in writing then Owner shall not permit the third party to use the Owner's Property. 14. Termination. Except as otherwise provided herein, this Lease may be terminated upon si�ty (60) days' written notice as follows: (a) by either pariy upon a default of any covenant or term hereof by the other pariy, which default is not cured within si�ty (60) days of receipt of written notice of default to the other pariy (without, however, limiting any other rights of the parties at law, in equity, or pursuant to any other provisions hereo�; (b) by Lessee if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Lessee's business; (c) by Lessee if the Properiy is or becomes unacceptable under the Lessee's design or engineering specifications for its Antenna Facilities; (d) by Owner, upon ten (10) days' written notice to Lessee, if Lessee is in any way interfering with Owner's Fire Department operations and same is not cured within ten (10) days of Lessee's receipt of notice from Owner, (e) by Owner, upon one hundred eighty (180) days' written notice to Lessee if it decides, in its sole discretion and for any reason, to expand or alter its Fire Department facilities and/or discontinue use of the Property for its current purposes or determines that it should sell the property; (fl by an independent structural engineer if it determines that the Properiy is structurally unsound for use as a tower, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Property from any source, or factors relating to condition of the Property; or (� if the FCC determines, in its sole discretion, that continued occupancy of Properiy by Lessee is in fact a threat to health, safety or welfare. Upon the written request of Owner at the termination of this Lease, Lessee shall remove its tower, equipment, personal properiy, Antenna Facilities, and leasehold improvements from the Properiy within si�ty (60) days of termination, weather permitting and shall repair any damage to the Owner's Property caused by such equipment, normal wear and tear and casualty excepted, all at Lessee's sole cost and expense and to reasonable satisfaction of the Owner. Any such properiy or facilities which are not removed within the time period set forth above shall become the property of Owner. Notwithstanding the foregoing, Owner shall ha�e the right to request that title to the tower be transferred to it upon the termination of this Lease. Within thiriy (30) days of Tenant's �