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T-MOBILE - 2011
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T-MOBILE - 2011
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Last modified
1/3/2012 2:00:16 PM
Creation date
9/15/2011 2:04:36 PM
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Contracts
Company Name
T-MOBILE
Contract #
A-2011-205
Agency
FINANCE & MANAGEMENT SERVICES
Council Approval Date
8/24/2011
Expiration Date
9/9/2021
Destruction Year
2026
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Property is damaged by fire or other casualty so that such damage may reasonably be expected to <br />disrupt LESSEE's operations at the Premises for more than sixty (60) days, then LESSEE may at <br />any time following such fire or other casualty, provided LESSOR has not commenced the <br />restoration required to permit LESSEE to resume its operation at the Premises, terminate this <br />Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination <br />shall cause this Agreement to expire with the same force and effect as though the date set forth in <br />such 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 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. To the extent that <br />such rules are not inconsistent with or do not interfere with LESSEE's rights herein, LESSEE <br />agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as <br />set forth in Exhibit D, attached hereto, as the same may be changed from time to time upon <br />reasonable notice to LESSEE. These rules and regulations are specific to the Facilities site and <br />are imposed to insure the proper maintenance, good order and reasonable use of the Premises and <br />Site #: LA33826B 12 <br />Site Name: City Yard <br />Date: 09/23/2010
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