05-10-2021 Council Packet - Laserfiche WebLink

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MIN NAVARRE 13. Lease Termination. a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated without penalty or further liability upon sixty(60) days' written notice to the other party as follows: i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty(60) days of receipt of written notice of default to the other party(without, however, limiting any other rights of the parties pursuant to any other provisions hereof); ii) by Tenant for cause if it is unable to obtain or maintain any license,permit or other governmental approval necessary for the construction and/or operation of the Communications Facilities or Tenant's business; iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons including without limitation shadowing or interference under Tenant's Communications Facilities, design or engineering specifications or the communications systems to which the Communications Facilities belong; iv) by Landlord in the event that as the result of an independent study,paid for by Tenant, it is determined that the use of the Tower for water service is jeopardized because of antenna usage on the Tower; v) by Landlord, upon 180 days' prior written notice to Tenant if its Council decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with continued use of the Leased Premises by Tenant and/or discontinue use of the Structure for all purposes; vi) by Landlord if it determines that the Structure is structurally unsound, including,but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; vii) by Landlord if it determines that a potential user with a higher priority under Subparagraph 5(a) above cannot find another adequate location, or the Tenant's Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process and Tenant is unable to correct the interference within the sixty 60) day notice period. viii) by Landlord if it reasonably determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council. 385866/3 10