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terminate this Agreement. Notice of i,F,SSF,F.'s exercise of its right to terminate shall he given
<br /> terminate this Agreement. Notice of LESSEE'S exercise of its right to terminate shall be given
<br /> to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the
<br /> mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by
<br /> the LESSOR. Upon such termination, this Agreement shall become null and void and all the
<br /> Parties shall have no further obligations including the payment of money, to each other.
<br /> 9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE'S
<br /> Facilities (defined below), LESSEE shall obtain LESSOR'S approval of LESSEE'S work plans,
<br /> which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall
<br /> be issued by the City Manager or his/her designee. LESSOR shall give such approval or provide
<br /> LESSEE with its requests for changes, which changes must comply with all applicable building
<br /> codes, in writing within fifteen (15) working days of LESSOR'S receipt of LESSEE'S work
<br /> plans. If LESSEE does not receive such approval or request for changes in writing within such
<br /> fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR
<br /> shall not be entitled to receive any additional consideration in exchange for giving its approval of
<br />
<br /> LESSEE'S plans.
<br /> 10. USE/IyfAINTENANCE. LESSEE may use the Premises for any lawful activity in
<br /> connection with the provisions of mobile/wireless communications services, including without
<br /> limitation, the transmission and the reception of radio communication signals on various
<br /> frequencies and the construction, maintenance, and operation of related communications
<br /> facilities. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and
<br /> operate on the Premises radio communications facilities, including but not limited to, radio
<br /> frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio
<br /> frequency transmitting and receiving antennas and supporting structures and improvements
<br /> ("LESSEE'S Facilities"). All improvements shall be at LESSEE'S sole expense and the
<br /> installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR
<br /> approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said
<br /> approval shall be obtained from LESSOR prior to commencement of any construction,
<br /> alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to
<br /> submit architectural and engineering drawings ("Plans") of the equipment to be installed.
<br /> LESSEE agrees that the installation and maintenance of LESSEE'S Facilities shall be effected
<br /> with all reasonable diligence and precaution to avoid damage to the land, property or personnel.
<br />
<br /> Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may
<br /> replace, substitute, upgrade and expand its equipment, cables and antennas which comprise
<br /> LESSEE'S Facilities for the purpose of repairing or upgrading the communications capabilities
<br /> of LESSEE'S Facilities, with notice to LESSOR, so long as the equipment, cab]es or antennas
<br /> remain within the original physical parameters of the Premises. LESSEE shall not make any
<br /> substantive physical and/or aesthetic changes to the Premises without the prior approval of
<br /> LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes
<br /> are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible
<br /> for the cost of any and all damage to the Property including but not limited to concrete and/or
<br /> asphalt, buildings and/or appurtenances caused by LESSEE. LESSOR at its discretion may
<br /> require LESSEE to repair and or replace said damages or contract for said services and bill
<br /> LESSEE. The cost of said repairs can be subtracted from any deposits retained by LESSOR.
<br /> LESSEE shall have the right to install any warning signs on or about the Premises required by
<br /> federal, state or local law.
<br /> 25C~-5
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