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T-MOBILE WEST CORPORATION (4)
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Last modified
4/26/2018 3:37:40 PM
Creation date
5/23/2011 10:02:34 AM
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Contracts
Company Name
T-MOBILE WEST CORPORATION
Contract #
A-2010-135
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
7/19/2010
Expiration Date
4/19/2020
Insurance Exp Date
5/1/2013
Destruction Year
2025
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shall make an appropriate adjustment, as of such termination date, with respect to payments due <br />to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent <br />shall be abated proportionally to the reduction of use. <br />32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE <br />may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may <br />on its own behalf make a claim in any condemnation proceeding involving the Premises for <br />losses related to the antennas, equipment, its relocation costs and its damages and losses, and any <br />other amount recoverable by LESSEE under condemnation law (but not for the loss of its <br />leasehold interest). Any such notice of termination shall cause this Agreement to expire with the <br />same force and effect as though the date set forth in such notice were the date originally set as <br />the expiration date of this Agreement and the parties shall make an appropriate adjustment as of <br />such termination date with respect to payments due to the other under this Agreement. <br />33. SUBMISSION OF LEASE. The submission of this Agreement for examination <br />does not constitute an offer to lease the Premises and this Agreement becomes effective only <br />upon the full execution of this Agreement by the Parties. If any provision herein is invalid. it <br />shall be considered deleted from this Agreement and shall not invalidate the remaining <br />provisions of this Agreement. <br />34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described <br />herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the <br />Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably <br />cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of <br />the Premises. <br />35. SURVIVAL. The provisions of the Agreement relating to indemnification from <br />one Party to the other Party shall survive any termination or expiration of this Agreement. <br />Additionally, any provisions of this Agreement, which require performance subsequent to the <br />termination, or expiration of this Agreement shall also survive such termination or expiration. <br />36. CAPTIONS. The captions contained in this Agreement are inserted for <br />convenience only and are not intended to be part of the Agreement. They shall not affect or be <br />utilized in the construction or interpretation of the Agreement. <br />37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. LESSEE agrees to <br />abide by all rules and regulations of the Property and Premises imposed by LESSOR a_s ,ct forth <br />in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable <br />notice to LESSEE and as adopted and applied in a uniform and non-discriminatory mariner. and <br />otherwise in accordance with applicable law, rules and regulations. These rules and regulations <br />are specific to the Facilities site and are imposed to insure the proper maintenance, good order <br />and reasonable use of the Premises and Property and as may be necessary for the enjoyment of <br />the Premises and Property by both parties hereto. <br />38. POWERING DOWN DURING MAINTENANCE / REPAIR. LESSEE agrees <br />that during all maintenance on the Communications Facility by the LESSOR or other lessees or - <br />users of the Facility, while following the procedures and guidelines set forth by the Occupatiolral <br />Safety and Health Administration (OSHA) and the FCC implementing the National <br />Environmental Policy Act of] 969, when continuing transmission is deemed unsafe for <br />13 <br />
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