11-10-1997 Council Packet - Laserfiche WebLink

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r continued use of the Leased Premises by Tenant ond/or discontinue use of the for all purposes; (vi) by Landlord if it determines that the Tower is structurally unsound, including, but not limited to, consideration of age of the Tower, damage or destruction of all or part of the Tower 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, provided that for a one year period after termination under this subparagraph. Landlord shall not lease the Leased Premises to another party with equal or lesser priority for the same use as that of Tenant; or (viii) by Landlord if it 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. (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. All rentals paid for the Lease prior to said termination date shall be retained by Landlord except if such termination is for the reasons contained in subparagraphs 12(a), (ii), (iv), (v), (vi) or (vii). (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. (d) Site Restoration. Upon commencement of this Lease, Tenant shall deposit with Landlord the sum of $3,000.00, which shall be fully refunded to Tenant upon the timely removal of the Tenant Facilities, and related equipment, the repair of the site and the restoration of the Tower surface to the reasonable satisfaction of the Landlord. Upon termination of this Lease, Tenant shall, within ninety (90) days thereof, remove all of its equipment cabinets from the Leased Premises, and its transmission lines and antennas from the Tower. Tenant, at its expense, agrees to return the Leased Premises and the Tower surface where Tenant’s Antenna 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. If Landlord removes the Antenna Facilities or related equipment. Landlord shall 082/22148276 11/7/97