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25F - CELLULAR ANTENNA - RIVERVIEW PARK
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07/19/2010
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25F - CELLULAR ANTENNA - RIVERVIEW PARK
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Last modified
1/3/2012 4:02:07 PM
Creation date
7/15/2010 1:25:09 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25F
Date
7/19/2010
Destruction Year
2015
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compliance results from conditions caused by LESSEE; and (ii) any environmental or <br /> industrial hygiene conditions arising out of or in any way related to the condition of the <br /> Property or activities conducted thereon, unless such environmental conditions are caused <br /> by LESSEE. <br /> 31. CASUALTY. In the event of damage by fire or other casualty to the <br /> Premises that cannot reasonably be expected to be repaired within sixty (60) days <br /> following same or, if the Property is damaged by fire or other casualty so that such <br /> damage may reasonably be expected to disrupt LESSEE's operations al the Premises for <br /> more than sixty (60) days, then I,ESSEF, may at any time following such fire or other <br /> casualty, provided LESSOR has nut commenced the restoration required to permit <br /> 1,ESSEE to resume its operation at the Premises, terminate this Agreement upon twenty <br /> (20) days written notice to LESSOR. Any such notice of termination shall cause this <br /> Agreement to expire with the same force and effect as though the date set forth in such <br /> notice were the date originally set as the expiration date of this Agreement and the parties <br /> shall make an appropriate adjustment, as of such termination date, with respect to <br /> payments due to the other under this Agreement. If LESSEE, decides not to terminate this <br /> Agreement, Rent shall be abated proportionally to the reduction of use. <br /> 32. CONDEMNATION. [n the event of any condemnation of the Premises, <br /> LESSEE may terminate this Agreement upon fifteen (IS) days written notice to <br /> LESSOR. LESSEE may on its own behalf make a claim in any condemnation <br /> proceeding involving the Premises for losses related to the antennas, equipment, its <br /> relocation costs and its damages and losses, and any other amount recoverable by <br /> LESSEE under condemnation law (but not for the loss of its leasehold interest). Any <br /> such notice of termination shall cause this Agreement to expire with the same force and <br /> effect as though the date set forth in such notice were the date originally set as the <br /> expiration date of this Agreement and the parties shall make an appropriate adjustment as <br /> of such termination date with respect to payments due to the other under this Agreement. <br /> 33. SUBMISSION OF 'A4E. The submission of this Agreement for <br /> examination does not constitute an offer to lease the Premises and this Agreement <br /> becomes effective only upon the full execution of this Agreement by the Parties. If any <br /> provision herein is invalid, it shall be considered deleted from this Agreement and shall <br /> not invalidate the remaining provisions of this Agreement. <br /> 34. APPLICABLE I A W4. LESSEE shall use the Premises for the use <br /> described herein in accordance with applicable laws, rules and regulations. LESSOR <br /> agrces to keep the Property in conformance with all applicable, laws, rules and <br /> regulations and agrees to reasonably cooperate with LF,SSEE regarding any wmpliance <br /> required by LESSEE in respect to its use of the Premises. <br /> 35. SURVIVAL. The provisions of the Agreement relating to indemnification <br /> from one Party to the other Party shall survive any termination or expiration of this <br /> Agrcement. Additionally, any provisions of this Agreement, which require performance <br /> <br /> '1'-MODILE <br /> RIVERVIEW PARK <br /> 25F-15 <br /> <br />
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