06-10-2024 CC Agenda Packet - Laserfiche WebLink

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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 Facility have been, to their original condition as of the date when Tenant started to occupy the premise, ordinary wear and tear excepted. If Tenant fails to remove its property within such 90 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 Facility and related equipment because of financing arrangements. If Landlord removes the Communications Facility or related equipment, Landlord shall give written notice to the entities at the addresses provided by Tenant, if any, informing them that the Communications Facility or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within 90 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 for more than 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 covering the period subsequent to the date of termination, 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 Facility 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 Communications Facility, except as may be caused by the willful misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period greater than 3 days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion for cause and without payment of any early termination fee or other damages. 11 121076599v2 752031 60