11-10-1997 Council Packet - Laserfiche WebLink

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r ► k give written notice to Tenant, that the Antenna 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 thirty 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 Leased Premises, the Tower or in storage, 60 days after notice of abandonment to tenant shall become the property of Landlord free of any claim by tenant or any person claiming through tenant. No Antennae Facilities will be released by the Landlord to Tenant until Tenant has reimbursed the Landlord for all expenses related to removing the Antennae Facilities and returning the Property and the Tower to their original condition. (e) Waiver of Landlord’s Lien (a) Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant’s personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord’s consent. (b) Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of Tenant Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 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 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 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. 15. Temporary Interruptions of Service . If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government). Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant’s service or interference with Tenant’s operation of its Antenna Facilities, except as may be caused by the willful 082^2148276 11/7/97