|
rent [including, but not limited to, Assignment and/or Sublease Premiums as set forth in Section 9
<br /> (Assignment or Sublease) of these General Terms and Conditions] by the tenth (10') day of the month
<br /> that it is due; provided, however,that if Lessee cures the non-payment within that thirty (30) day period
<br /> after receipt of notice,then Lessor's notice of intent to terminate is voided and the Lease and Lease term
<br /> shall continue. Lessor may,without any Lessee right to cure,terminate this Lease upon thirty (30) days'
<br /> prior written notice to Lessee of intent to terminate on any occurrence after the third occurrence of
<br /> Lessee's failure to pay rent or additional rent [including, but not limited to, Assignment and/or Sublease
<br /> Premiums as set forth in Section 9 (Assignment or Sublease) of these General Terms and Conditions] by
<br /> the tenth (10t") day of the month that it is due.
<br /> ii. Lessor may terminate this Lease if Lessee breaches or fails to perform or observe any of
<br /> the terms and/or conditions of this Lease, other than payment of rent, and fails to cure such breach or
<br /> default within thirty(30) days after written notice from Lessor or such longer period, up to sixty(60) days,
<br /> as may be reasonably required, within Lessor's reasonable discretion, to diligently complete a cure
<br /> commenced within that thirty(30)day period and being diligently and continuously pursued by Lessee.
<br /> F. Termination Process: Unless otherwise specified in this Lease, prior written notice of
<br /> termination shall be delivered by certified mail,return receipt requested,and shall be effective upon receipt
<br /> of such notice, as evidenced by the return receipt. Upon such termination, Lessee shall be entitled to the
<br /> reimbursement of any rent prepaid by Lessee for any period after termination.
<br /> G. Nonexclusive Remedy: Termination under this Section shall be in addition to and not in
<br /> limitation of any other remedy of Lessor at law or in equity. Termination shall not release Lessee from any
<br /> liability or obligation with respect to any matter occurring prior to such termination.
<br /> 17. REMOVAL OF IMPROVEMENTS: Lessee shall have the right at any time during Lessee's
<br /> occupancy of the leased property, and the obligation within sixty (60) days after expiration or earlier
<br /> termination of this Lease, to remove in a workmanlike and careful manner and without interference or
<br /> damage to any other equipment, structures, or operations on the Site, any and all buildings, structures,
<br /> improvements,fixtures,equipment,including antennas,fittings,and lines,owned or placed by Lessee, in,
<br /> under or upon the leased property,or acquired by Lessee whether before or during the term of this Lease,
<br /> and restore the Site to its condition prior to the commencement of the Lease, reasonable wear and tear
<br /> excepted. Restoration of leased property shall include, but shall not be limited to, removal of antennas,
<br /> removal of lines and equipment, and removal of rubble and debris.
<br /> Furthermore, should Lessee fail to remove said property or improvements as required by above,
<br /> Lessee hereby grants Lessor the absolute right and title to the affected improvements upon ninety (90)
<br /> days written notice to Lessee,to keep,convey,destroy,or otherwise dispose of the improvements in any
<br /> manner Lessor chooses, and, in addition, Lessee agrees to pay any costs incurred by Lessor in doing so,
<br /> within thirty(30)days of receipt of Lessor's statement therefor.
<br /> All costs and expenses for removal of Lessee's facilities and restoration of the Site shall be borne by the
<br /> Lessee,and Lessee shall hold Lessor harmless from any portion thereof.
<br /> The provisions of this Section shall survive the termination of this Lease.
<br /> 18. CONDEMNATION: If the Site or any part thereof shall be taken for public purposes by
<br /> condemnation as a result of any action or proceeding in eminent domain or shall be transferred in lieu of
<br /> Page 11 of 16
<br />
|