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02-09-1998 Council Packet
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02-09-1998 Council Packet
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4. <br />5. <br />receipt of such notice by Landlord as evidenced by the return receipt. Except as <br />required under Paragraph 10 and Subparagraph 13(d) below, upon such termination, <br />this Lease shall become null and void and the parties shall have no further obligations <br />to each other. <br />Term and Renewals. The term of this Lease shall be five years, commencing on <br />January 1, 1998 (the "Commencement Date") and ending on December 31, 2002. The <br />Commencement Date may be extended until the equipment listed in Exhibit C is <br />installed. Tenant shall have the right to extend this Lease for three additional five <br />year terms ("Renewal Term"). This Lease shall terminate automatically fifteen years <br />from the termination date of the initial term. The Renewal Term shall be on the same <br />terms and conditions as set forth herein except for rental adjustments as provided in <br />Paragraph 2, Rent, above. Tenant shall have elected to renew this Lease for a renewal <br />term unless it gives Landlord written notice of its intention not to renew at least ninety <br />(90) days prior to the expiration of the term, commencing on January 1 following the <br />expiration date of the Initial Term or of any subsequent Renewal Term. <br />Tenant^s Use. <br />(a) User Priority . Tenant agrees that the following priorities of use, in descending <br />order, shall apply in the event of communication interference or other conflict while <br />this Lease is in effect, and Tenant’s use shall be subordinate accordingly: <br />1. <br />2. <br />3. <br />4. <br />Landlord; <br />Public safety agencies, including law enibrcement, fire, and ambulance <br />services, that are not part of the Landlord; <br />Other governmental agencies where use is not related to public safety; <br />and <br />Government-regulated entities including "Tenant" whose antennae offer <br />a service to the general public for a fee, in a manner similar to a public <br />utility, such as long distance and cellular telephone, not including radio <br />or television broadcasters. <br />(b) Purposes . Subject to the terms of this Lease, the Premises may be used by <br />Tenant solely for the purposes of installing, removing, maintaining, and operating the <br />Communications Facilities in accordance with Exhibit "B" including antennas, subject <br />to such modification and alterations as may result from changes or improvements in <br />technology or as maybe necessary to conduct business (collectively the <br />"Communications Facility") and in accordance with the transmi.-'don and reception of <br />wireless communication signals authorized for use by Tenant by the Federal <br />Communications Commission ("FCC"). Tenant shall use the Premises only for the <br />purpose of installing, maintaining, and operating a Landlord-approved communications <br />antenna facility, equipment, cabinets and an accessory building, and uses incidental <br />thereto for providing radio and wireless telecommunication services which Tenant is <br />082/22148474 11/14/97
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