05-10-2021 Council Packet - Laserfiche WebLink

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MIN NAVARRE b) Notice of Termination. The parties shall give Notice of Termination in writing by certified mail, return receipt requested. Such Notice shall be effective upon receipt as evidenced by the return receipt, or such later date as stated in the Notice. Except as otherwise provided herein, all rentals paid for the Lease prior to said termination date shall be retained by Landlord. c) Tenant's Liability for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. Landlord agrees that liquidated damages under this paragraph shall be Landlord's sole remedy for Tenant's early termination. d) Site Restoration. Upon termination of this Lease, Tenant shall, within ninety 90) days thereof, remove all of its equipment from the Premises, and its transmission lines and antennas from the Tower. Tenant, at its expense, agrees to return the property and Premises including the Tower surface where Tenant's Communications Facilities have been to their original condition, ordinary wear and tear excepted. If Tenant fails to remove its property within such ninety-day period, Landlord shall have the right to remove the same and place it in storage. Tenant may notify Landlord that an entity or entities have an interest in the Communications Facilities and related equipment because of financing arrangements. If Landlord removes the Communications Facilities or related equipment, Landlord shall give written notice to the entities at the addresses provided by Tenant, if any, informing them that the Communications Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within ninety days. If the property is not claimed, Tenant shall pay Landlord's storage, removal and moving costs. Any of Tenant's property remaining on the Premises, the Tower or in storage, one hundred twenty(120) days after the expiration or the termination of this Lease shall become the property of Landlord free of any claim by tenant or any person claiming through tenant. 14. Limitation of Landlord's Liability. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant other than as of right as provided in this Lease, or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair, reimbursement of all prepaid rent and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. In no event shall Landlord be liable for damages in excess of limits in State law on municipal liability. Nothing herein shall prevent Tenant from maintaining an action for injunctive or other equitable relief. 15. Temporary Interruptions of Service. If Landlord determines that continued operation of the Communications Facilities would cause or contribute to an immediate threat to 385866/3 1 1