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iii) by Tenant for cause if the Premises is or becomes unacceptable for <br />technological reasons including without limitation shadowing or interference under <br />Tenant's Communications Facility, design or engineering specifications or the <br />communications systems to which the Communications Facility belong; <br />iv) by Landlord immediately in the event that as the result of an independent <br />study, paid for by Tenant, it is determined that the use of the Tower for water service is <br />jeopardized because of antenna usage on the Tower; <br />v) by Landlord, upon 180 day's prior written notice to Tenant if its Council <br />decides, for any reason, to redevelop the Premises in a manner inconsistent with <br />continued use of the Premises by Tenant and/or discontinue use of the Structure for all <br />purposes; <br />vi) by Landlord immediately if it determines that the Structure is structurally <br />unsound, including, but not limited to, consideration of age of the Structure, damage or <br />destruction of all or part of the Structure on the Premises from any source, or factors <br />relating to condition of the Premises; <br />vii) by Landlord if it determines that a potential user with a higher priority <br />under Subparagraph 5 (a) above cannot find another adequate location, or the Tenant's <br />Facilities unreasonably interfere with another user with a higher priority, regardless of <br />whether or not such an interference was predicted in the initial interference study that was <br />part of the application process, and Tenant is unable to correct the interference within the <br />sixty (60) day notice period. <br />viii) by Landlord if it reasonably determines that Tenant has failed to comply <br />with applicable ordinances, or state or federal law, or any conditions attached to <br />government approvals granted thereunder, after a public hearing before the Landlord's <br />Council. <br />b) Notice of Termination. The parties shall give Notice of Termination in writing by <br />certified mail, return receipt requested. Such Notice shall be effective upon receipt as <br />evidenced by the return receipt, or such later date as stated in the Notice. Except as <br />otherwise provided herein, all rentals paid for the Lease prior to said termination date <br />shall be retained by Landlord. <br />c) Tenant's Liability for Early Termination. If Tenant terminates this Lease other <br />than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated <br />damages for early termination, 150% of the annual rent for the year in which Tenant <br />terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 <br />and Tenant has paid the annual rental for that year. Landlord agrees that liquidated <br />damages under this paragraph shall be Landlord's sole remedy for Tenant's early <br />termination. <br />10 <br />121076599v2752031 <br />59